A new report from the House Homeland Security Committee has revealed that more than 85 percent of those who crossed the border illegally were released into the U.S. This comes as the Biden-Harris administration reportedly aims to reduce federal detention space, with illegal immigrants residing in the U.S. for extended periods rarely being removed.
The report highlighted that “by 2022, the Biden-Harris administration had ‘quietly ended the practice of detaining immigrant families’ altogether.” Dustin Caudle, deputy chief patrol agent for the Border Patrol’s Yuma Sector, informed the committee during a September 2023 interview that 65-70 percent of encounters in his sector since January 2021 had resulted in the release of those detained.
In January, Homeland Security Secretary Alejandro Mayorkas acknowledged that the release rate for illegal immigrants caught at the southern border was “above 85 percent.”
Federal Judge Kent Wetherell, in a March 2023 decision striking down one of Mayorkas’ release policies, noted, “the evidence establishes that in late January or early February of 2021, DHS made a discrete change in detention policy from ‘release only if there is a compelling reason to’ to ‘release unless there is a compelling reason not to.’”
The report called this “radical shift” in the release of illegal immigrants evident from the beginning of the administration’s tenure.
The Immigration and Nationality Act (INA) mandates that any inadmissible alien who enters the U.S. must be detained until removed or granted lawful status. However, the report claims that instead of adhering to this mandate, “Biden, Harris, and Mayorkas devised and implemented a comprehensive and unlawful agenda of mass ‘catch and release,’ leading to the release of millions of inadmissible aliens into American communities.”
The committee further stated that “undermining the law ensures that illegal aliens will almost never be removed,” pointing to DHS data showing that 82 percent of illegal immigrants “neither expelled or repatriated directly by CBP nor continuously detained by ICE” remain in the U.S. years later. Illegal immigrants not removed within 12 months are rarely repatriated afterward.
In his 2023 ruling, Judge Wetherell emphasized that the Biden-Harris administration “effectively incentivized what they call ‘irregular migration’” by establishing policies that guaranteed most arrivals at the Southwest Border, except those excluded under Title 42, would not be detained and would be quickly released into the country.
The committee criticized the administration’s decision to request fewer ICE detention beds, despite the rise in illegal crossings, noting that the administration failed to utilize all beds made available by Congress. Additionally, it cited a plan from July 2024 that proposed replacing in-person check-ins for illegal immigrants with an app, further reducing ICE’s enforcement capacity.
According to DHS data, there are an estimated 16.8 million illegal immigrants in the U.S., with fewer than two percent under ICE supervision and only 0.25 percent detained.
The report concluded by stating that the Biden-Harris administration has largely failed to meet its statutory obligation to remove illegal aliens, even though ICE removals have increased under their tenure.
