Republican Senator Josh Hawley is pressuring the Biden administration to end its practice of dismissing thousands of asylum cases, effectively giving migrants “mass amnesty,” The Post can reveal.
Hawley’s inquiry follows a report by The Post exposing how the Biden administration moved to dismiss asylum cases and removal proceedings against more than 350,000 migrants simply because they didn’t have criminal backgrounds and aren’t seen as threats to national security.
Hawley sent a letter Tuesday to Homeland Security Secretary Alejandro Mayorkas asking him to explain how federal authorities are tracking individuals after their cases are terminated according to a copy of the letter, first obtained by The Post
The letter also asks for figures on the number of migrants who have gone on to commit crimes after their cases have bene dismissed.
Once cases are dismissed, migrants are not removed from the US or asked to return home. They also aren’t monitored by ICE, making them undocumented.
In his letter, Hawley raised concerns about the correlation between the migrant influx and rises in violent crime, citing another recent report by The Post revealing how a Venezuelan migrant accused of shooting two NYPD officers Monday had his deportation case dismissed.
It is not yet clear what the reasoning for the dismissal of that case was as there’s no indication the migrant, Bernardo Castro Mata, 19, had complied with a required check in with ICE officers after being released into the country.
“This maneuver poses grave threats to the safety and security of the American people. The closed cases pertain to migrants who did not have a criminal record, but ICE officers have reported to news outlets an increase in cases of migrants committing crimes after their asylum cases have been closed,” Hawley wrote.
“Your failure of leadership and complete unwillingness to uphold the law continues to imperil the well-being and lives of American citizens.”
Migrants with dismissed cases are no longer pursued by federal authorities for deportation. However, they are unable to apply for benefits, including work permits, immigration lawyers have told The Post.
Migrants whose cases are closed can reapply for asylum or seek other forms of legal status in the US.
The sweeping dismissals stem from a 2022 memo issued by ICE’s principal legal adviser, Kerry Doyle, instructing prosecutors at the agency to permit case terminations for migrants who aren’t deemed national security threats.
In an effort to address the record number of border crossings under his administration, President Joe Biden is expected to issue an executive order to close the southern border once the number of migrant crossings reaches 2,500 in an announcement made Tuesday.
In April, federal authorities recorded a daily average of 5,990 crossings in April, excluding “gotaways” who sneaked over the border into the US without arrest.
DHS didn’t respond to The Post when reached for comment regarding Hawley’s letter.
