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Biden Admin Has Released Enough Unprocessed Migrants to Fill Denver Since Taking Office: Legal Brief

Published: April 18, 2022
The Biden Administration has released so many migrants into the U.S. since taking power it amounts to the size of Denver or Boston.
Migrants attempting to cross into the U.S. from Mexico on August 15, 2021, in San Luis, Arizona. A new amicus curiae briefing by the America First Legal Foundation to the Supreme Court estimates a number of illegal immigrants the size of Colorado have already been released into the U.S. under the Biden Administration. (Image: NICK UT/Getty Images)

More than 750,000 undocumented immigrants and approximately 500,000 non-apprehended border-crossers have been released into the United States since President Joe Biden took office, an advocacy group contended.

The America First Legal Foundation (AFL), a conservative values legal firm and activist group represented by Stephen Miller, filed an amicus curiae brief to the Supreme Court on April 14, arguing the Biden Administration was gravely forfeiting its responsibility to protect natural and permanent citizens and the nation from being invaded by an avalanche of immigrants by lifting the Migrant Protection Protocols (MPP).

The MPP allowed authorities to deport noncitizens apprehended at the Southwestern border to Mexico as they await their court proceedings. 

The AFL called the MPP an “incredibly successful policy” because it “reduced both illegal immigration and the volume of meritless asylum claims.” The collective also characterized the legislation as a great tool in the hands of the Department of Homeland Security (DHS) to truly enforce immigration laws.

“The Biden Administration’s decision to terminate MPP was reckless and defies common sense,” Gene Hamilton, another associate of AFL, stated on the group’s website. 

“MPP greatly enhanced DHS’s ability to actually enforce the immigration laws, but the political leadership of DHS apparently either doesn’t care about that component of its mission, or is intentionally acting to open our borders,” he added. 

“By not considering MPP’s benefits and DHS’s requirement to faithfully execute the immigration laws, the Biden Administration acted arbitrarily and capriciously. This is particularly egregious given that DHS’s political leadership clearly knows—as evidenced by the statistics cited in our brief—the extent of its failure to enforce those laws,” Hamilton said. 

1.4 million

Based on public data, the AFL calculated that since taking office in January of 2020, the Biden Presidency has disbursed 756,000 apprehended undocumented aliens into the communities under the “Catch and Release” policy, an amount roughly the size of Denver, Colorado.

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Of those 756,000 released immigrants, 544,241 were discharged from custody by the U.S. Customs and Border Protection, while 211,868 were let go by ICE, the Immigration and Customs Enforcement.

The AFL’s figure excludes both an approximate 500,000 illegal aliens that entered the U.S. without being apprehended by border enforcement units during the same period, and the more than 122,000 Unaccompanied Alien Children (UACs) that have been relocated in the U.S. since the beginning of FY 2021, Breitbart noted.

Roughly, some 1.4 million illegal entries have entered the American public under the Biden Administration’s policies.

The AFL also argued that the figure is even larger because it does not include the 1.2 million aliens already amidst court proceedings or the equal number who exhausted all legal means and are under a final removal order.  

The alliance likewise contended that at the current “abysmal” rate of 4,300 aliens being expelled by ICE from the U.S., it would take a staggering 14.5 years to expel only those disbursed under Catch and Release.   

Opening the Title 42 floodgates

Breitbart, who extensively documents the Southern border crisis, expects the invasion of immigrants to become only worse as the current administration is about to uplift the Trump era Title 42 border control, which utilized the pretext of Coronavirus Disease 2019 (COVID-19) to allow border enforcement to keep intruders out of the country while they await legal proceedings. 

Biden officials admitted they estimate the monthly border crossing rate to average 18,000 per day, reaching half a million per month, once Title 42 is abolished.

The outlet also cited Rep. Andy Biggs (R-AZ), who estimated a much higher figure of some 30,000 border crossings each day.