Over the last four years, the Biden-Harris administration has faced criticism for its handling of the southern U.S. border and its immigration policies, which have led to the entry of nearly 8 million illegal immigrants.
Critics argue that these policies have undermined national security and overwhelmed the country’s immigration courts, where a backlog of cases has surged to record levels.
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According to a report released by the House Judiciary Committee, since President Joe Biden and Vice President Kamala Harris assumed office, the immigration case backlog has increased dramatically, with over 3.7 million new cases added since the beginning of fiscal year 2021.
By mid-2024, immigration courts had received more than 1.5 million new cases, many of which are expected to be unsuccessful claims, particularly for asylum. In fiscal year 2023, only 14% of asylum cases resulted in a grant of asylum, with the rest being denied, abandoned, or otherwise dismissed.
Critics claim the administration is using this backlog as an excuse to avoid adjudicating cases on their merits, instead allowing large numbers of immigrants to remain in the country indefinitely. This has led to what some are calling a “quiet amnesty,” where immigration judges are dismissing, closing, or terminating cases, enabling immigrants to stay without facing deportation.
The House Judiciary Committee and Subcommittee on Immigration Integrity, Security, and Enforcement have conducted oversight on this issue, revealing how administrative tactics in immigration courts have allowed nearly 1 million illegal immigrants to remain in the country without any legal consequences.
Key Findings:
- Over 700,000 cases involving illegal immigrants have been dismissed, terminated, or administratively closed under the Biden-Harris administration.
- In fiscal year 2023 alone, more than 109,000 asylum cases were not fully adjudicated, continuing a trend of dismissals and closures.
- The Department of Homeland Security (DHS) has failed to file the necessary paperwork in nearly 200,000 cases, preventing immigration courts from beginning proceedings.
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Administrative Maneuvering in Immigration Courts
Critics accuse the Biden administration of using the immigration court backlog to push an open-borders agenda. Immigration judges have been encouraged to prioritize dismissals and closures over adjudicating cases on their merits. A 2022 memo from DHS directed immigration attorneys to exercise prosecutorial discretion and dismiss or close cases to manage the backlog.
Additionally, the report says that Attorney General Merrick Garland overturned a Trump-era decision in 2021 that restricted the use of administrative closures, a move seen as paving the way for case dismissals. As a result, immigration courts have been flooded with cases, and many are being closed without being fully heard.
Impact on Asylum Cases and Court Efficiency
The backlog has significantly affected asylum cases, with over 109,000 asylum cases going unadjudicated in 2023. By comparison, the combined total of unadjudicated cases from 2017 to 2020 was just 12,960.
This administrative leniency has raised concerns that the vast majority of cases would have resulted in denials had they been fully adjudicated. Only 14% of asylum cases in 2023 resulted in a grant, compared to nearly 50% denials in previous years.
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Congressional Response and Oversight
House Republicans have been critical of the administration’s handling of immigration and have called for legislative reforms. The House-passed Secure the Border Act of 2023 (H.R. 2) seeks to address these concerns by strengthening border security and ensuring that immigration laws are enforced. The bill has yet to pass the Senate.
The House Judiciary Committee and its subcommittee will continue to investigate the administration’s policies and actions regarding immigration courts, seeking to restore what they call the rule of law to the nation’s immigration system.
This report highlights the ongoing debate over U.S. immigration policy, with the Biden-Harris administration accused of leveraging the overwhelmed immigration court system to achieve a backdoor amnesty for illegal immigrants. Whether this will lead to significant legislative change remains to be seen.
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