Joe Biden's administration gave 'mass amnesty' to illegal migrants after ICE official ordered termination of 350,000 asylum cases as border crisis rages on

Over 350,000 migrants who entered the U.S. illegally have had their immigration court cases dismissed, allowing them to go free without a verdict on the merits of their entry, a bombshell new report indicates. 

A top Immigration and Customs Enforcement (ICE) adviser, Kerry Doyle, circulated a memo in 2022 instructing prosecutors to dismiss cases for migrants who are not found to be national security threats, the New York Post first reported. 

As a result, that year nearly 103,000 migrants had their cases dismissed - allowing them to walk free into the U.S. without an immigration court judge's verdict on the merits of their asylum claim. 

Later in 2023, that number of dismissed cases skyrocketed to 149,000. 

So far in fiscal year 2024, 114,00 cases have been terminated without a verdict, according to the report. 

U.S. Border Patrol agent supervises as immigrants walk into the United States after crossing the Rio Grande from Mexico in Eagle Pass, Texas. The agent had cut coils of razor wire to let them pass through for processing

Under Biden's leadership, a whopping 77 percent of migrants who claim asylum have been allowed to stay in the U.S., according to the Transactional Records Access Clearinghouse (TRAC), a non-profit that scours immigration court filings.

In fact, under Biden's tenure the most popular way for migrants to be allowed to remain in the country under formal asylum proceedings is not by being granted relief by a judge, but rather having that judge dismiss the case entirely - following the guidance of Doyle's 2022 memo. 

'This is just a massive amnesty under the guise of prosecutorial discretion,' a former immigration judge now working for the Center for Immigration Studies, Andrew Arthur, told The Post.

'You're basically allowing people who don't have a right to be in the United States to be here indefinitely,' he continued. 

ICE officers who spoke to The Post indicated that though these migrants' cases are dismissed after being found without criminal records, they still commit crimes after being released into the U.S. interior. 

This forces these officers to then start removal proceedings anew, sometimes taking years and surely costing taxpayer-provided resources. 

ICE legal adviser Kerry Doyle, a longtime immigration lawyer, instructed immigration courts to not render verdicts on asylum cases where the individuals were found to have no national security flags, according to the report

ICE officers who spoke to The Post pleaded with them to 'let everyone know' this type of mass case dismissal is occurring, and subsequently making their jobs harder

Migrants who recently arrived in Chicago receive food during a winter storm

'If the migrants, who ICE no longer controls or monitors, commit crimes after the dismissal, ICE will have to start all over and issue a new Notice to Appear in court and start the clock all over again,' an ICE official said in the report.

'Please let everyone know what's really going on,' an ICE officer pleaded to The Post. 

Currently, the backlog of asylum cases in the U.S. is around 3.5 million, the sources told the outlet. 

They highlighted how annually removing over 100,000 cases from the system without rendering a verdict helps with optics for the Biden administration. 

After the cases are closed the migrants are cleared from their 'removal proceedings,' which is the automatic classification for all migrants admitted at the border. 

Once their removal proceedings are closed, these migrants are no longer subject to deportation, meaning they can stay within the U.S.

These migrants are also excused from ICE oversight and will no longer be monitored, unlike those who are still undergoing asylum proceedings in court. 

Still, after the cases are dismissed migrants can re-apply for asylum while in the U.S.

Trying to get granted asylum is helpful for migrants because it enables them to get work permits and U.S.-provided benefits. 

Migrants rest in Mexico on May 31 before continuing on their journey to the U.S.-Mexico border

Meanwhile, Biden is expected to move forward with an executive order regarding immigration this week. 

The White House is weighing a policy that would cap the number of migrant encounters at 4,000 per day over a week - 28,000 in total. 

After that threshold is hit, authorities reportedly would close the U.S.-Mexico border. 

The executive action could come as early as Tuesday, though the exact timing remains unclear.