A recent report from the U.S. House Judiciary Committee claims the federal government is leveraging the substantial backlog in immigration courts to enable large numbers of undocumented immigrants to stay in the United States indefinitely. The report sharply criticizes the Biden-Harris administration, accusing it of using procedural delays to advance an “open-borders” approach without following established immigration processes.
The committee’s report outlines how, rather than processing cases to determine the legitimacy of asylum claims, immigration judges are allegedly being directed to terminate, dismiss, or close cases. This practice, labeled as “quiet amnesty” by the committee, purportedly leaves hundreds of thousands of individuals in the U.S. with no immediate risk of deportation.
According to the committee, nearly one million undocumented immigrants have been permitted to remain in the country with no deportation order. The report warns that the trend is worsening as case filings continually outpace closures, further straining the system. Adding to the concern, the federal government has reportedly taken steps to limit judges’ public commentary on court backlogs. In February, Chief Immigration Judge Sheila McNulty directed judges to seek supervisory approval before speaking publicly—a move seen as an attempt to suppress criticism of the backlogged court system.
The report argues that the administration is using the border crisis as a “pretext” to remove cases from dockets rather than properly adjudicating them, claiming this has compromised the effectiveness of the courts and has led to an uncontrolled rise in undocumented immigration.
Meanwhile, Texas Governor Greg Abbott has continued efforts to strengthen border security, recently sharing on social media that the state’s stringent measures, including ongoing border wall construction, have reduced illegal crossings in Texas by 88%. Abbott contrasted this with rising crossing rates in other border states, attributing Texas’ lower numbers to “stiff resistance” efforts.
Excerpts from the report further allege that nearly 8 million undocumented immigrants have entered the U.S. under Biden-Harris administration policies, with border management strategies that critics claim undermine national security and overwhelm immigration courts. Since fiscal year 2021, over 3.7 million new cases have been filed in U.S. immigration courts, yet a majority of asylum claims fail to meet requirements for approval, the report states. In fiscal year 2023, only 14% of asylum cases resulted in an asylum grant, while the rest were either denied, dismissed, or closed through other means.
The committee asserts that rather than assessing claims on their merits, the administration is prioritizing case dismissals to avoid immigration consequences for undocumented immigrants. Since 2023, the committee has increased oversight of the impact of these policies, alleging that the administration’s approach has allowed an unprecedented number of undocumented immigrants to remain in the country indefinitely without resolution.
Read the full report HERE
