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Tuesday, April 8, 2025

Senators seek answers on reported mass amnesty under Biden Administration

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Senator Mike Rounds, US Senator for South Dakota | Official U.S. Senate headshot

Senator Mike Rounds, US Senator for South Dakota | Official U.S. Senate headshot

U.S. Senators Mike Rounds (R-S.D.) and Kevin Cramer (R-N.D.) have addressed an oversight letter to U.S. Department of Homeland Security Secretary Alejandro Mayorkas and Attorney General Merrick Garland, seeking explanations for reports that the Biden Administration has granted "mass amnesty" by terminating over 350,000 asylum cases within two years. The senators highlighted that 102,550 asylum cases were dismissed in 2022, followed by 149,000 in 2023, and 113,843 in the first four months of 2024. This is contrasted with just over 26,000 dismissals during the Trump administration.

The senators are requesting detailed responses regarding the administration’s immigration and border security policies. They raised concerns about the accuracy of these figures, justification for the increase in dismissals, and measures to prevent incentivizing illegal immigration while maintaining national security.

“According to the report,” wrote the senators, “the administration has dismissed the removal proceedings of hundreds of thousands of illegal aliens who the Biden administration has determined do not possess a criminal record or are not considered a threat to national security.” They argue this practice undermines the integrity of the immigration system and affects those pursuing legal paths to enter the United States.

“The American people deserve transparency and accountability regarding the administration’s handling of immigration and border security,” they concluded. “The current state of affairs at our southern border is unacceptable and demands immediate and effective solutions.”

Additional cosigners include U.S. Senators Jim Risch (R-Idaho), Steve Daines (R-Mont.), Ted Cruz (R-Texas), John Hoeven (R-N.D.), Mike Lee (R-Utah), Thom Tillis (R-N.C.), Cynthia Lummis (R-Wyo.), John Cornyn (R-Texas), Dan Sullivan (R-Alaska), Mike Crapo (R-Idaho), Marsha Blackburn (R-Tenn.), Ted Budd (R-N.C.), Pete Ricketts (R-Neb.), Ron Johnson (R-Wis.), Deb Fischer (R-Neb.), Marco Rubio (R-Fla.), Bill Hagerty (R-Tenn.), Tim Scott (R-S.C.) and Roger Wicker(R-Miss.).

In their letter dated June 2, 2024, as published by New York Post, they stated that more than 350,000 removal cases had been dismissed since 2022 under prosecutorial discretion guided by a memo from Immigration and Customs Enforcement Principal Legal Adviser Kerry Doyle issued in 2022.

They also criticized President Biden’s recent executive order using sections 212(f) and 215(a) of the Immigration and Nationality Act to potentially shut down the southern border if illegal crossings surge beyond a daily average threshold. The senators argued this measure is insufficient given what they perceive as ongoing failures in managing border security effectively.

The letter raises several questions for Mayorkas and Garland concerning data accuracy on case dismissals since January 20, 2021; justification for increased asylum claims allowed compared to previous administrations; plans to reduce a backlog of approximately 3.5 million cases; potential incentives for illegal immigration due to dismissal policies; measures ensuring national security; monitoring risks posed by individuals with dismissed cases; among others.

The senators stressed that immediate action is necessary: “We urge you to provide a comprehensive response to these questions and outline a clear plan to restore the integrity of our immigration system.”

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