Nearly 1 Million Immigrants in U.S. Allowed to Stay Indefinitely Under Biden Administration

Under the Biden-Harris administration, close to a million illegal immigrants have been allowed to stay in the United States indefinitely due to a backlog of cases, case dismissals, and procedural oversights, according to a new report from the House Judiciary Committee. Critics say this development resembles a “quiet amnesty,” enabling individuals to remain in the country without facing deportation.

The report claims that the Department of Justice (DOJ) and the Department of Homeland Security (DHS) have coordinated efforts allowing immigrants to stay without final rulings on their cases. Since President Joe Biden took office, immigration judges have struggled to manage a significant influx of cases. According to data cited in the report, around 700,000 immigration cases were dismissed, 109,000 remained unadjudicated in 2023 alone, and paperwork was delayed or improperly filed for roughly 200,000 cases, putting migrants in a “legal limbo.” These individuals cannot gain legal residency or citizenship under the current system but also face no imminent risk of deportation.

With approximately 700 immigration judges across the country, immigration courts are struggling to address the high number of cases. A process called “administrative closure” has allowed judges to focus on “higher-priority” cases, encouraging the dismissal or indefinite delay of others. While these administrative closures can alleviate immediate backlog pressures, critics argue they enable significant numbers of migrants to remain in the country without immigration consequences.

The report from the House Judiciary Committee argues that this system sidesteps the usual process of adjudicating cases on their merits. “Rather than evaluating each case for legitimate claims of asylum or other relief,” the report asserts, “immigration judges under the Biden-Harris administration have increasingly resorted to dismissals and administrative closures, which allow migrants to remain without facing any immigration repercussions.”

Supporters of Biden’s approach argue these administrative practices help the DOJ and DHS prioritize cases involving more urgent national security concerns. They emphasize that this system is aimed at focusing limited judicial resources on cases that pose potential risks, rather than expending resources on every entry case. Detractors, however, believe that this backlog management has created an “unofficial amnesty” policy, incentivizing further immigration with little risk of deportation.

With their cases dismissed or indefinitely delayed, these migrants remain in a legal gray area where they cannot apply for residency or citizenship without legislative changes that would grant them legal status. This group is expected to grow under current policies, with analysts suggesting they may stay in the U.S. indefinitely, unable to fully integrate but also unlikely to face deportation.

The judiciary report asserts that dismissing cases rather than resolving them has led to a precarious and unsustainable system. Immigration reform advocates argue that only a bipartisan legislative overhaul could help establish an efficient and fair system. But with immigration a major topic in the 2024 election, both parties have deeply conflicting stances on how to handle the backlog, border enforcement, and the legal status of migrants in the U.S.

In response to criticisms, the DHS stated that it has filed 96% of notices to appear (NTAs) since 2021 and 98% of NTAs in 2023, a move aimed at showing that the agency is actively pursuing cases despite the backlog. When paperwork errors occur, DHS resubmits documents, directing migrants to check back on their cases. DHS insists these cases are not ignored or dismissed outright but are instead subject to follow-up and further review.

The administration highlights efforts to reduce border entries as part of a balanced approach to immigration. They note a significant drop in encounters since President Biden issued an executive order limiting new entries. According to DHS data, migrant encounters have decreased by 55%, and over 700,000 individuals have been returned or deported in 2024 so far—a record-high figure since 2010. Still, the current backlog suggests that long-term reform may be necessary to address the structural inefficiencies in the immigration court system.

Immigration policy remains a highly polarizing issue for voters as the 2024 election approaches. Both major political parties claim they have the best solutions for managing immigration. Supporters of the Biden administration contend that prioritizing high-risk cases over minor immigration infractions is pragmatic, especially given the limited resources and mounting cases facing the judiciary.

On the other hand, opponents view the administration’s actions as undermining the rule of law and national sovereignty. They argue that the approach is too lenient, creating a pathway for even more undocumented migrants to attempt to enter the U.S., expecting leniency.

Vice President Kamala Harris, appointed as the administration’s “border czar,” has also faced scrutiny. Her approach to immigration has drawn criticism from Republicans, who argue her limited visits to the border reflect an insufficient commitment to tackling immigration challenges head-on. Democrats, meanwhile, argue that her role emphasizes addressing the root causes of migration, focusing on diplomatic relations with Central American nations to deter migration at its source.

With a year until the 2024 election, the Biden administration’s immigration policies remain a point of contention. The future of nearly one million migrants in limbo hinges on both judicial reform and possible legislative action to address the systemic issues plaguing the immigration court system. For now, they remain in the U.S., without legal status, unable to advance their cases but safe from immediate deportation.