Amid rising tensions over immigration policies, the Biden administration is facing scrutiny for dismissing over 350,000 asylum cases since 2022.
According to the New York Post, the administration has left many migrants in a state of limbo, neither granting them legal status nor deporting them.
Since taking office, the Biden administration has eliminated hundreds of thousands of asylum cases, allowing migrants without criminal records and deeming no security threat to remain indefinitely in the U.S. These individuals are not required to undergo regular check-ins or close monitoring by immigration officials.
The increase in case dismissals marks a significant shift from the previous administration, which saw approximately 4,700 cases closed in 2020. In contrast, during the financial years of 2023 and 2024, the numbers jumped to 149,000 and 114,000, respectively.
This policy has essentially created a shadow status for migrants who, while not legally acknowledged as residents, are free from the immediate threats of deportation. They have the option to eventually apply for other forms of legal status, but the path to these opportunities remains unclear and complex.
Not only has this action been seen as an attempt to decrease the extensive backlog of 3.5 million asylum cases, but it has also been criticized by some as an informal amnesty. Former immigration judge Andrew Arthur argued that this moves beyond prosecutorial discretion, stating, “This is just a massive amnesty under the guise of prosecutorial discretion. You’re allowing people who don’t have a right to be in the United States to be here indefinitely.”
Migrants whose cases have been dismissed find themselves back at square one without any progress toward resolving their status. Washington-based immigration lawyer Hector Quiroga emphasized the complexity of these situations: “If the case gets dismissed, you’re back to nothing.”
In a recent response to the situation, the Biden administration issued new rules in May 2024, mandating resolutions to asylum claims within 180 days for those headed to certain U.S. cities. This aims to streamline processes and reduce delays in handling cases.
However, enforcement challenges persist as authorities reported intercepting an average of 5,990 migrants per day in April 2024. The increase in crossings has further stressed the already overwhelmed immigration system.
Moreover, some officials within the Immigration and Customs Enforcement (ICE) have expressed concerns about this strategy’s long-term implications. An ICE official noted that if migrants with dismissed cases commit crimes, the process "restarts," complicating enforcement efforts. Multiple ICE officers have echoed this particular challenge, indicating a growing internal concern about the effectiveness and consequences of the current approach.
For migrants stuck in this uncertain state, guidance from legal professionals is crucial. Sergio C. Garcia, an immigration lawyer, advised, "It’s important for them to consult with an immigration attorney to identify the best options available for their specific situation."
Despite the administrative changes intended to address the backlog, the issue remains critical and unresolved for many. Both the administration and the migrants continue to navigate the complexities and challenges posed by the current U.S. immigration system.
In conclusion, while the Biden administration has taken steps to manage an overwhelming backlog of cases by dismissing hundreds of thousands, the consequences and efficacy of these decisions continue to raise both practical and ethical questions. Affected migrants are encouraged to seek legal guidance to better understand and perhaps improve their standing in the U.S.
