A New York Post report claims that Joe Biden's administration has been closing a significant number of asylum cases if applicants don't have a criminal record or are otherwise not deemed a threat to the country. "This means," the report says, "that even though 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 ICE authorities.
Citing data collected by the Transactional Records Access Clearinghouse, the report claims that since 2022 more than 350,000 asylum cases filed by migrants have been closed by the US government, allowing them to remain in the country. Once this happens, "migrants are under no obligation to leave the US, and once cases are dismissed, the person is no longer monitored by ICE and required to regularly check in with them, unlike those still pursuing asylum claims".
In a statement to The Post, former immigration judge Andrew Arthur equates this procedure to "a massive amnesty under the guise of prosecutorial discretion," adding that "you're basically allowing people who don't have a right to be in the United States to be here indefinitely."
Another of the report's main sources is a memo issued by ICE's principal legal adviser, Kerry Doyle, which back in 2022 instructed prosecutors at the agency to allow cases to be dismissed for migrants who aren't deemed national security threats.
"That year, 36,000 were ordered removed, 32,000 were awarded asylum, and 102,550 had their cases dismissed or otherwise taken off the books — 10 times the number in 2014. In 2023, there were 149,000 cases in this latter category, and so far in financial year 2024 — which ends Sept. 30 — the numbers are certain to surpass that, with 114,000 cases closed already," the report shows.
ICE officers consulted by The Post — who chose to remain anonymous — raised concerns about the increase in crimes committed by migrants after their asylum cases have been dismissed. "If the migrants, [whom] ICE no longer controls or monitors, commit crimes after the dismissal, ICE will have to start all over and issue a new Notice to Appear in court and start the clock all over again."
When consulted about the situation, Washington-based immigration lawyer Hector Quiroga told The Post that even though a person can reapply for asylum or seek other forms of legal status in the US once his case is terminated, migrants with dismissed cases can't receive benefits or a work permit.
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