Biden intentionally undermining border security for mass amnesty

The current immigration court backlog in the United States has reached 3 million, as millions of border migrants have been released into the United States within the last three years in order to seek asylum.

These numbers are an alarming indication of the president’s deliberate efforts to destabilize the immigration-enforcement system, ultimately leading to the massive amnesty he has been seeking for a long time.

Despite accusations of the immigration system being “gutted” by former President Trump, it is clear that such claims are merely attempts to shift the blame.

During the previous presidency, annual southwest border apprehensions exceeded 405,500 only once, reaching 860,000 during fiscal year 2019. Trump’s response was the successful “Remain in Mexico” program, which effectively reduced illegal migration.

However, apprehensions have exceeded 2 million in the past two fiscal years, setting a new all-time record (2.2 million) in FY 2022.

Recent reports indicate that agents are now apprehending more than 12,000 illegal migrants per day, potentially reaching 4.3 million apprehensions this year. Meanwhile, the administration is allowing 1,450 other migrants to preschedule their illegal entries using the CBP One app daily.

In addition, approximately 30,000 Cubans, Haitians, Nicaraguans, and Venezuelans are being ushered into the United States on a monthly basis at undisclosed interior US airports for two-year periods of “parole” (with few expected to ever leave).

It’s no surprise that the immigration courts’ dockets are beginning to skyrocket.

Under current law, the Department of Homeland Security is unable to deport those applying for asylum until judges order their removal. In non-detained cases, this process takes years, allowing those migrants to live and work in the United States while acquiring assets (such as houses and children) that will complicate their deportation.

The only way to effectively manage this system is to limit the number of new aliens entering the country illegally. To achieve this, detention is necessary, with cases taking an average of 42 days. However, President Biden has largely refused to detain illegal migrants, despite the legal requirement to do so.

Agents have the option to bypass the immigration-court process using “expedited removal,” a tool Congress authorized in 1996 to discourage aliens from making false asylum claims solely for the purpose of gaining entry into the United States.

However, the administration has largely prevented them from using this tool. Of the 1.496 million aliens apprehended at the border in FY 2023 who were not expelled under Title 42, fewer than 12% were subject to expedited removal. Contrastingly, more than 900,000 others (60.7%) were simply released.

All of this adds to the workload of judges, who are not expected to clear this backlog for at least a decade. This situation only benefits the illegal aliens and does not serve the interests of justice.

One of Biden’s first actions as president was to propose an amnesty bill covering almost every illegal immigrant and opening the door for those deported under Trump to return. The White House points the finger at Republicans for blocking the bill, but even Speaker Nancy Pelosi did not support it.

Biden has given up on this amnesty, and if he couldn’t persuade Congress to pass it, it is possible that he has decided to disrupt the immigration system, pushing for the legalization of all who have entered illegally and starting over.

Frankly, it’s the only explanation that makes sense.

Andrew Arthur is the Center for Immigration Studies’ resident fellow in law and policy.

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