Austin News

June 14, 2024

AUSTIN – U.S. Senators John Cornyn (R-TX) and Kevin Cramer (R-ND) have addressed a letter to U.S. Department of Homeland Security Secretary Alejandro Mayorkas and Attorney General Merrick Garland, raising concerns over the dismissal of more than 350,000 removal cases. The senators argue that these actions undermine the U.S. legal immigration system.

In their letter, the senators wrote: “This administration’s approach has consistently downplayed the severity of the border crisis, initially denying its existence, then reluctantly acknowledging it, and now attempting to address it through inadequate measures.” They added: “The repeated failures in border management under your leadership have led to an unprecedented backlog of 3.5 million asylum cases, posing a substantial burden on our immigration system and increasing the risk of criminal activities by illegal aliens.”

“The American people deserve transparency and accountability regarding the administration’s handling of immigration and border security,” they stated. “The current state of affairs at our southern border is unacceptable and demands immediate and effective solutions.”

The letter was also signed by Senators Jim Risch (R-ID), Steve Daines (R-MT), Ted Cruz (R-TX), John Hoeven (R-ND), Mike Lee (R-UT), Thom Tillis (R-NC), Cynthia Lummis (R-WY), Dan Sullivan (R-AK), Mike Crapo (R-ID), Marsha Blackburn (R-TN), Ted Budd (R-NC), Mike Rounds (R-SD), Pete Ricketts (R-NE), Ron Johnson (R-WI), Deb Fischer (R-NE), Marco Rubio (R-FL), Bill Hagerty (R-TN), Tim Scott (R-SC) and Roger Wicker (R-MS).

According to a New York Post article published on June 2, 2024, the Executive Office for Immigration Review detailed that over 350,000 removal cases have been dismissed since 2022 under prosecutorial discretion policies.

The report indicates that individuals without criminal records or those not considered threats to national security were allowed to remain in the United States indefinitely without completing legal processes for their asylum claims. This practice is guided by a memo issued by Immigration and Customs Enforcement Principal Legal Adviser Kerry Doyle in 2022.

The numbers cited include dismissals totaling 102,550 cases in 2022, followed by 149,000 in 2023, and another 113,843 cases within the first four months of this year.

President Biden's recent executive order utilizes sections of the Immigration and Nationality Act to potentially close down the southern border if illegal crossings surge beyond specific thresholds. However, critics argue that this measure comes too late and contains numerous exceptions.

Senators Cornyn and Cramer emphasized: "Only in its fourth year... has [the Administration] discovered that it has any authority to suspend illegal crossings."

They seek detailed responses from DHS on several points including confirmation of case dismissal figures since January 20th, data accuracy regarding previous administrations' allowances for asylum seekers compared with current figures under President Biden's tenure; plans for reducing court backlogs while maintaining process integrity; expected impacts on overall case backlogs; prevention measures against incentivizing illegal immigration; national security assurances related to dismissed cases; among others.

"The American people deserve transparency," they reiterated towards concluding their letter while urging comprehensive responses from Secretary Mayorkas along with outlining clear plans aimed at restoring integrity within America’s immigration systems promptly.

Sincerely,

/s/