Biden Administration Operating ‘Mass Amnesty’ Program, Has Terminated 350,000 Asylum Cases
Biden Administration Operating ‘Mass Amnesty’ Program, Has Terminated 350,000 Asylum Cases.
Disclaimer: The following article presents an overview of a report by The New York Post regarding the Biden administration's policies on asylum cases. The content aims to provide a balanced perspective, drawing from available data and viewpoints. Readers are encouraged to consult multiple sources for a comprehensive understanding.
A recent report by The New York Post reveals that the Biden administration has been running what is described as a 'mass amnesty' program, resulting in the termination of 350,000 asylum cases. This initiative is said to be part of a broader effort to address the backlog and streamline the immigration process. The report has sparked significant debate about the implications for U.S. immigration policies and border security.
The concept of "mass amnesty" in this context refers to the large-scale closure of asylum cases without making a final decision on their merits. This means that while the migrants are not granted or denied asylum, their cases are terminated, allowing them to remain in the U.S. without fear of deportation. Data show that since 2022, more than 350,000 asylum cases filed by migrants have been closed by the U.S. government if the applicants don’t have a criminal record or are otherwise not deemed a threat to the country. This policy allows these migrants to legally stay in the country indefinitely without being required to check in with authorities.
Increase in Case Closures: The number of migrant asylum cases being closed before going through the court system has increased significantly since President Biden took office. This trend marks a departure from previous administrations, where such terminations were less common. In 2020, during the Trump administration, approximately 48,000 migrants were ordered removed from the U.S. by immigration court judges. During the same period, fewer than 20,000 people were granted asylum, and around 4,700 had their cases closed or were otherwise allowed to remain in the country. In contrast, in 2022, under the Biden administration, a memo issued by ICE’s principal legal adviser, Kerry Doyle, instructed prosecutors to allow cases to be dismissed for migrants who aren’t deemed national security threats. That year, 36,000 migrants were ordered removed, 32,000 were awarded asylum, and 102,550 had their cases dismissed or otherwise taken off the books—a tenfold increase compared to 2014.
In 2023, the number of cases dismissed or removed from the system rose to 149,000. As of the financial year 2024, which ends on September 30, 114,000 cases have already been closed, indicating that the numbers for this year are likely to surpass those of previous years.
Policy Criticisms
Critics argue that the policy essentially allows individuals who do not have a right to remain in the United States to stay indefinitely. Andrew Arthur, a former immigration judge working for the Center for Immigration Studies, describes the program as "a massive amnesty under the guise of prosecutorial discretion." He points out that the policy enables people without legal status to live in the U.S. without the threat of deportation. An ICE officer quoted in the report expressed concern over the implications of this policy, urging the public to understand the reality of the situation. Critics maintain that this approach undermines the integrity of the U.S. immigration system and may encourage more individuals to enter the country unlawfully.
From a legal standpoint, the termination of these cases means that migrants are no longer in "removal proceedings" and thus not subject to deportation—the default position for all migrants admitted at the border. Once their cases are dismissed, migrants are no longer monitored by ICE and are not required to regularly check in with the agency, unlike those who are still pursuing asylum claims. Washington-based immigration lawyer Hector Quiroga explains that when a case gets dismissed, it essentially resets the migrant's legal status. However, he notes that migrants with dismissed cases cannot receive benefits or obtain a work permit, which limits their ability to integrate fully into American society.
Current Backlog: The current backlog of asylum cases stands at approximately 3.5 million. The Biden administration's strategy of closing more than 100,000 cases annually aims to reduce this backlog and present an image of progress in handling the immigration crisis. However, the sheer volume of pending cases continues to strain the immigration system, highlighting the need for comprehensive immigration reform.
Socioeconomic Factors
The mass termination of asylum cases has several socioeconomic implications. Migrants without legal status or work permits may struggle to find stable employment, often resorting to low-wage, informal jobs. This situation can perpetuate cycles of poverty and limit opportunities for upward mobility. On the other hand, allowing migrants to remain in the U.S. without fear of deportation provides a sense of security, enabling them to build lives and contribute to their communities. Advocates argue that many of these individuals have strong ties to the U.S. and should be given pathways to legal status and eventual citizenship. Public perception of the Biden administration's immigration policies is deeply divided. Supporters commend the administration for its humane approach to immigration enforcement and its efforts to clear the backlog of asylum cases. They argue that the focus on non-criminal migrants aligns with American values of compassion and justice.
Conversely, opponents view the policy as lenient and a potential catalyst for increased illegal immigration. They contend that the administration's approach signals a lack of commitment to border security and the rule of law. These differing perspectives have significant political ramifications. Immigration remains a contentious issue in American politics, influencing voter behavior and shaping policy debates. The Biden administration's handling of asylum cases will likely continue to be a focal point in upcoming elections and legislative discussions.
Conclusion
The Biden administration's termination of 350,000 asylum cases represents a significant shift in U.S. immigration policy. While the move aims to address the backlog and prioritize national security, it has also generated controversy and debate. The long-term impact of this policy on American society, the economy, and the immigration system remains to be seen.
As the U.S. grapples with the complexities of immigration, it is crucial for policymakers to balance compassion with the need for effective border security. Comprehensive immigration reform, informed by diverse perspectives and grounded in data, is essential to create a fair and sustainable system for all.
Disclaimer: This article is based on a report by The New York Post and aims to present a balanced perspective on the topic. Readers are encouraged to seek additional sources for a more comprehensive understanding.
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