The Biden administration has reportedly initiated a broad amnesty for migrants, affecting over 350,000 individuals by closing their asylum cases.
The New York Post reported that over 350,000 asylum seekers now reside in the U.S. without legal status or deportation fears due to a policy change under the Biden administration.
Beginning in 2022, the U.S. government has terminated asylum cases for migrants deemed non-threatening and without criminal records.
This decision was influenced by a 2022 memo from ICE's principal legal adviser, Kerry Doyle, which directed agency prosecutors to focus on cases posing national security risks.
In 2023 alone, 149,000 cases were removed from the court docket, and an additional 114,000 have been dismissed in the financial year 2024. The strategy aims to manage the backlog of cases which now stands at an overwhelming 3.5 million.
This sweeping dismissal has left many migrants in a state of limbo; they remain in the country indefinitely without being part of the formal deportation proceedings or ongoing immigration monitoring.
Migrants whose cases are closed lose the opportunity to obtain work permits or other benefits typically available to those with legal status. However, these individuals can reapply for asylum or explore other legal avenues, such as family-based visas or Temporary Protected Status.
A new rule issued by the Biden administration in May mandates that asylum claims directed to specific U.S. cities be resolved within 180 days, aiming to streamline the processing of new and existing cases.
In contrast, daily interceptions of migrants in April at the southwest border averaged 5,990, underscoring the continuous pressure on U.S. immigration systems.
Critics like former immigration judge Andrew Arthur argue that the policy constitutes "a massive amnesty under the guise of prosecutorial discretion."
He points out the potential indefinite stay of individuals "who don't have a right to be in the United States."
An ICE officer expressed a need for transparency: "Please let everyone know what’s really going on." This sentiment highlights the internal concerns about the impacts of these policy shifts.
According to Hector Quiroga, a Washington-based immigration lawyer, the termination of an asylum case leaves a migrant "basically back to nothing," though it is "better than having a deportation order."
Sergio C. Garcia, another immigration lawyer, advises migrants to consult with attorneys to find the best legal options available.
If migrants commit crimes post-dismissal, ICE must reissue a Notice to Apartment in court, effectively resetting the legal process. This issue has been noted to be "starting to increase," according to another ICE officer, illustrating potential challenges in the current approach.
The policy of dismissing large numbers of asylum cases has significant implications for both the migrants involved and the broader U.S. immigration system. While it relieves some pressure from the overloaded courts, it also creates a group of residents existing in a precarious legal state.
This method allows many to avoid the immediate threat of deportation but also restricts their access to the full benefits of legal residency, presenting a complex scenario for the individuals and families affected.
In conclusion, the Biden administration’s approach to handling asylum cases reflects a strategic, yet controversial, attempt to manage an increasingly burdened immigration system. It emphasizes the need for comprehensive immigration reform to address both the backlog and the human aspects of migration management.
