Claim: Biden Granted 'Mass Amnesty' to 350,000 Immigrants Registraration Required

Joe Biden's critics claim he has granted 'mass amnesty' to 350,000 immigrants

Background

  • On June 2, the New York Post published an article claiming the Biden administration offered "mass amnesty" to migrants.
  • The article was published two days before Biden issued a directive to reduce the number of migrants entering the United States.

Claim

  • Conservative influencer Ian Miles Cheong and political commentator Joey Mannarino claim Biden's administration terminated 350,000 asylum cases, effectively granting mass amnesty to immigrants.
  • Former President Donald Trump also made a similar claim, saying, "We recently learned Biden is secretly granting mass amnesty to hundreds of thousands of these illegal aliens."

Verification

  • The article cited a report from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, which showed increasing numbers of asylum applicants were allowed to remain in the United States without being granted asylum or other relief.
  • TRAC's data showed 365,698 instances in which the applicants were neither ordered removed nor granted asylum between FY2022 and April 2024.
  • However, immigration and asylum law experts stated that the term "amnesty" is not an accurate description of the situation as the individuals who had their cases closed were not granted any legal immigration status or permanent protection from deportation.
  • Instead, the closures were more likely the result of prosecutorial discretion, where U.S. Immigration and Customs Enforcement (ICE) attorneys close or pause deportation proceedings for individuals who are not considered a priority for deportation.

Conclusion

  • Biden's critics claim that he granted 'mass amnesty' to 350,000 immigrants is incorrect.
  • The term "amnesty" refers to a grant of lawful status to noncitizens, which has not occurred in this case.
  • Instead, the closures of the asylum cases were more likely due to prosecutorial discretion, where U.S. Immigration and Customs Enforcement (ICE) attorneys close or pause deportation proceedings for low-priority cases.
  • This decision was likely made to focus resources on deporting recent arrivals and individuals who pose a threat to public and national security.
  • While closing the cases may result in a reduction of the backlog of cases, it does not provide the individuals with any additional protections, such as a path toward citizenship, lawful presence in the U.S., or a work permit.
  • Individuals whose cases are closed can still be reopened in the future, and they remain at risk of eventual deportation.
  • Therefore, it is not accurate to claim that Biden has granted 'mass amnesty' to 350,000 immigrants, as no legal protections have been provided to them.
  • Instead, Biden's administration has chosen to prioritize deportation resources on more recent arrivals and individuals who pose a threat to public and national security.
  • This fact check was originally published by PolitiFact, which is part of the Poynter Institute. facts

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