Analysis: Biden Order Unlikely to Stop Mass Release of Migrants into U.S.

A large group of Chinese migrants, including three from Bangladesh, line up for a Customs
Frederic J. BROWN/AFP

President Joe Biden’s executive order regarding the United States-Mexico border is unlikely to stop the administration’s mass release of migrants into American communities, an analysis from the left-wing American Immigration Council states.

The order, detailed by Breitbart News, allows the Department of Homeland Security (DHS) to restrict areas of the border between Ports of Entry only after 2,500 migrants have been encountered per day on average over a seven-day period.

This is the equivalent of about 17,500 migrants arriving at the border each week — about a million migrants a year. The order, though, is filled with exemptions for subgroups of migrants who could still apply for asylum despite crossing between Ports of Entry.

Analysis from the American Immigration Council suggests Biden’s DHS will unlikely halt its mass release of migrants into the U.S. interior, stating, “If the government cannot solve all these operational issues overnight, it will likely have to continue releasing large numbers of people into the country.”

The analysis states:

Recent history indicates that the U.S. will be unable to put everyone through the new, more restrictive processes, and that a significant number of people will still be released into the United States pending court hearings — even though they may be deemed ineligible for asylum at those hearings. [Emphasis added]

In the absence of significant changes to either the number of people coming in or the resources deployed to respond to them, these practical constraints will become a very real consideration, and the government may have to release significant numbers of people into the U.S. with notices to appear in immigration court. [Emphasis added]

In the first six months of this fiscal year, the analysis notes, more than 671,000 migrants have been released into the U.S. interior with Notices to Appear (NTA) before a federal immigration judge at a later date — some of which are nearly a decade down the road.

Those tens of thousands of migrants arriving at the nation’s Ports of Entry, with scheduled appointments for release into the U.S. interior via the CBP One mobile app, will still be permitted to do so.

Since its inception last year, the CBP One mobile app has helped bring nearly 600,000 migrants to American communities — exceeding the population of Wyoming.

Bill Melugin with Fox News reports that even as the order has been in place for roughly two days, it has yet to stem mass immigration at the border.

“Yesterday was the first full day of President Biden’s executive order barring asylum to most illegal crossers being in effect, and it had no impact on numbers,” Melugin reports. “Per [Customs and Border Protection] sources, Border Patrol apprehended just about 4,000 illegal immigrants yesterday, on par with the low 4,000s/mid to high 3,000s we’ve seen in recent weeks.”

Months ago, Reps. Jim Jordan (R-OH) and Tom McClintock (R-CA) urged DHS Secretary Alejandro Mayorkas to disclose a “numerical breakdown of all illegal alien releases at the southwest border since January 20, 2021.”

Mayorkas has refused to provide such data, though DHS is reportedly releasing into the U.S. interior more than 85 percent of migrants arriving at the border.

John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here.

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