Posted on April 12, 2022

How The Biden Administration Is Aiding And Abetting The Biggest Border Fraud In U.S. History

Todd Bensman, The Federalist, April 11, 2022

America was already weathering the greatest border crisis in recorded history when President Joe Biden’s administration announced the last day of the Covid-related public health order Title 42 will be May 23. That’s the pandemic containment U.S. Code that, since President Donald Trump invoked it in March 2020, has been used to deny illegal border jumpers access to the American asylum system while bouncing them back to Mexico.

Biden started the crisis on Inauguration Day with his first executive orders and by cutting out major exemptions in Title 42 for illegal migrant families and minors. What was left of it posed the last serious speed bump to an unimpeded open border.

The Biden government has publicly admitted that something bad will happen at the southwest border: an estimated 12,000 to 18,000 migrant apprehensions a day (versus the record-breaking 6,000 average now), or up to 540,000 a month (170,000 a month lately), and maybe six million by the end of 2022 (compared to the nationally historic two million apprehensions at the end of 2021). A Washington Post headline craftily understated that Biden’s Department of Homeland Security was bracing for “unprecedented strains.”

No one seems to be asking why as some 540,000 illegal migrants per month will soon be jumping the borders in all the front-line states. The overlooked real reason they will come is to defraud an American asylum system that Title 42 denied them but will now be returned, more prone than ever to abuse.


Clues about the true reasons for Title 42’s demise can be found throughout the communiques of pro-illegal immigration organizations. It was never that the public health crisis had passed, only about reopening full access to the American asylum system. Why?

Because as it stands, the asylum system provides a reprieve from mandatory deportation and all but guaranteed release into the United States. An apt term for this is “Remain in America.” It allows almost anyone on U.S. soil who utters “I want asylum” to a federal officer to dodge otherwise mandatory deportation and get in for years.

Groups like the Refugee and Immigrant Center for Education and Legal Services (RAICES), relentlessly campaigned to kill Title 42 because they want Remain in America back. In one communique, RAICES correctly assessed that Title 42 was designed to “deter as many people from entering the United States as possible.”

Title 42 most certainly took Remain in America offline. Border Patrol apprehensions plummeted from the 45,000 range in late 2019 to 17,106 in April 2020 and 23,237 by that May. The activist industry has felt infuriated ever since and campaigned to restore Remain in America to its pre-Trump glory.

“For two years, Title 42 has blocked more than 1.7 million migrants from seeking safety at our border under the guise of public health and needs to end right now,” Tami Goodlette, director of litigation at RAICES, groused in an April 1 statement.


The asylum law was born of noble purpose, but ineligible economic migrants and their professional American champions have coopted and corrupted it. {snip}

{snip} Intending claimants had to demonstrate “a well-founded fear of persecution” by governments or political groups the governments can’t control, based on one or more of five criteria: race, religion, nationality, membership in a particular social group, and, political opinion.

Over time, anyone crossing the border discovered he too could avert deportation with a persecution story fit to one of the five criteria. No verification was needed.


The asylum system is not geared to detecting asylum fraud, and U.S. prosecutors aren’t very interested in prosecuting it, according to General Accountability Office reporting in recent years. But evidence of fraud is indicated by immigration judge denials, Executive Office of Immigration Review statistics (EOIR) show. There’s other evidence of mass fraud.


EOIR statistics show judges aren’t buying most Haitan asylum claims. They granted just 7 percent 2020, accounting for an abandonment or withdrawal rate of 42 percent and a denial rate of 51 percent.


Consider Guatemalans. By the end of February 2022, Guatemalans topped the list of nationalities with backlogged asylum cases at 313,836, according to Syracuse University’s Transactional Records Access Clearinghouse data. But outcomes indicate no real interest in asylum beyond its Remain in America provisions.

In 2019, out of every 100 asylum claims that got Guatemalans summarily released into the country, 77 percent never bothered to follow through with a formal application, EOIR statistics show. Of the 33 percent who did, judges granted just 5 percent. As for the rest, either judges denied the claims or Guatemalans abandoned them.