On Sunday, the New York Post revealed that the Biden administration has been handing out de facto amnesty to illegal immigrants at a fantastic pace, closing the cases of illegals who do not have a criminal record and who are not deemed a threat, according to its sources:

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While the Biden administration is attempting to look like it’s getting tough on the border, behind the scenes it’s operating a program of a “mass amnesty” for migrants, The Post can reveal.

Data shows that since 2022, more than 350,000 asylum cases filed by migrants have been closed by the US government if the applicants don’t have a criminal record or are otherwise not deemed a threat to the country.

This means that while the migrants are not granted or denied asylum — their cases are “terminated without a decision on the merits of their asylum claim” — they are removed from the legal system and no longer required to check in with authorities.

The move allows them to legally, indefinitely roam about the US without fear of deportation, effectively letting them slip through the cracks.

According to research by the Transactional Records Access Clearinghouse (TRAC), the number of illegal aliens allowed to remain in the country and granted de facto amnesty in this fashion has spiked since 2020, rising from 18,119 in 2021 to 149,305 in 2023 – with 113,834 so far in 2024. TRAC reports:

Thus far during the Biden administration, the proportion allowed to remain in this country has risen to 77 percent, and those ordered removed has been just 22 percent. While after the first year, grants of relief have risen sharply, many others have had their cases terminated without a decision on the merits of their asylum claim.

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Judicial Watch President Tom Fitton calls this an “impeachable” offense”:

Mr. Fitton may well have a point. This lackadaisical attitude towards illegal immigration could very well present a threat to the security of the nation, given that we have very little idea who many of these people are or what they intend to do. A third of a million people, who have come into the country illegally, have simply been hand-waved in with no assessment of the merits of any asylum claim – no evaluation at all.

This goes beyond simply ignoring the influx, beyond refusing–inexplicably–to control the border. This is active facilitation.


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It’s gotten worse since January of 2021, according to the Post.

ICE officers add that they have seen an increase in cases of such migrants committing crimes after their asylum cases have been dismissed, forcing agents to restart removal proceedings — which typically take years.

“Please let everyone know what’s really going on,” an ICE officer told The Post.

In 2020, during the Trump administration, 48,000 migrants were ordered removed from the US by immigration court judges. Fewer than 20,000 people were granted asylum, and 4,700 people had their cases closed or were otherwise allowed to remain in the country, according to data collected by the Transactional Records Access Clearinghouse.

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The Biden administration is not simply ignoring the mass influx at the border. They are not only facilitating it, they are encouraging it, through the careless and feckless operation of the immigration system. This is an intolerable failure on the part of the American government, and the American people may well suffer for it.