The Biden administration has allowed hundreds of thousands of migrants to remain in the U.S. with what amounts to amnesty, according to a report by Syracuse University’s Transactional Records Access Clearinghouse (TRAC). Since 2022, over 350,000 asylum cases filed by migrants were closed by the U.S. government based on lack of criminal record or posing a threat, allowing migrants to remain in the U.S. without fear of deportation or removal proceedings. Immigration judges have ordered removal of some applicants, granted asylum to others, and dismissed many applications, leading to a backlog of cases in the immigration court system.
In 2024, there have been 175,193 asylum applications with 113,843 dismissed so far. These numbers are significantly higher than those under the Trump administration, with the ongoign backlog of cases contributing to the overwhelmed asylum system. The Biden administration is considering implementing stricter measures to control the flow of migrants across the U.S.-Mexico border, as illegal crossings have decreased but remain a top concern. These potential measures include capping the number of daily encounters at the border, addressing the backlog of cases by speeding up asylum processing and prioritizing migrants with criminal records, and discouraging unwanted migration.
The planned restrictions are intended to control the flow of migrants and ease the overwhelmed asylum system. These measures would also aim to speed up asylum cases for migrants already in the U.S. and prioritize those with criminal records or who are otherwise ineligible for asylum. These efforts come as the administration looks to take action to address migration issues without the support of Congress. The ongoing discussions by the Biden administration seek to prevent a potential spike in crossings as the fall election approaches, highlighting the importance of immigration policy in the upcoming presidential election.
The growing backlog of immigration cases, with nearly 3.6 million awaiting resolution in FY 2024, highlights the challenges faced by immigration judges who are unable to keep up with the influx of new cases. Migrants whose applications are dismissed can apply for asylum again or seek other forms of legal status. The current system’s inability to process cases in a timely manner adds to the complexity of the immigration situation, with both new and completed cases reaching record highs. The Biden administration’s efforts to address these issues through potential executive action demonstrate a commitment to managing the border crisis amidst ongoing political tensions.
