Did Biden Give Amnesty to Over 350,000 Immigrants?

President Joe Biden is set to unveil a comprehensive new policy that will drastically alter  the prospect of immigration in the United States. This initiative, which has been eagerly anticipated by many within the Democratic Party, seeks to remove the threat of deportation for hundreds of thousands of immigrants who are married to U.S. citizens. The policy emphasizes the administration’s intention to a more humane and inclusive immigration system by providing a pathway to legal status for these immigrants. This bold move is also seen as a strategic effort to address a key issue during this election year, reflecting the priorities and values of the Biden administration and its supporters.

Parole in Place Program

The new policy will grant approximately 490,000 spouses of U.S. citizens the chance to apply for a “parole in place” program. This initiative will provide notable relief by protecting them from the threat of deportation and enabling them to obtain work permits, provided they have resided in the United States for at least ten years. This information comes from two individuals briefed on the policy, who spoke on the condition of anonymity due to the sensitivity of the announcement and their lack of authorization to discuss it publicly. This move represents a substantial step toward stabilizing the lives of many immigrant families and fully integrating them into American society.

How the Claim Started

On June 2, the New York Post reported that the Biden administration quietly terminated approximately 350,000 asylum cases, which it described as a "mass amnesty" for migrants. This revelation coincided with President Biden's June 4 directive to limit asylum seekers at the southern U.S. border. The Washington Post cited data from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University. The data revealed a growing number of asylum applicants permitted to stay in the U.S. without being granted asylum or other forms of relief, classified under "other remain in U.S." Experts noted the administration's focus on prioritizing deportation for national security risks and recent arrivals, sparking debate over its immigration policies.

Fact-Checking the Amnesty Claim 

Immigration and asylum law experts clarified that describing the Biden administration's action as granting "mass amnesty" is deceptive. David Bier, the immigration studies director at Cato Institute, explained that closing cases without granting asylum or relief means these individuals are not currently facing prosecution for immigration violations. Paulina Vera from George Washington University Law School noted that such closures indicate the government's decision not to actively pursue deportation for these individuals.

Closing these types of cases serves as a method to reduce the backlog in immigration courts, described by Vera as a "docket management tool." However, experts caution that closed cases can potentially be reopened, especially under different administrations or if individuals become involved in criminal activities that could draw the attention of the Department of Homeland Security. For the more than 350,000 applicants whose cases were closed, the primary benefit is not having to attend removal hearings. Nevertheless, these individuals do not gain legal status, citizenship pathways, lawful presence, or work permits due to case closure.

Fact-Checking for Journalists

If a journalist were to fact-check claims regarding President Biden's immigration policies, they should first verify the credibility of sources providing information on policies like the "parole in place" program.They should make certain that they have reliable knowledge. They also need to contextualize claims, such as those about "mass amnesty." Journalists should also verify the benefits and limitations of policies, such as whether affected individuals gain protections like work permits or remain in legal uncertainty.This should be done while considering the political context and timing of policy announcements in order to provide accurate and balanced reporting.