FIRST ON FOX: Almost 1 million illegal immigrants remain in the United States “indefinitely” after their case is closed or closed, or the Department of Homeland Security (DHS) fails to file necessary paperwork, according to a new report from the House Judiciary Committee published Thursday.

“Through administrative maneuvering within the Justice Department and DHS, the Biden-Harris administration has already ensured that nearly a million illegal aliens can remain in the United States without the possibility of deportation – and this trend shows no signs of stopping,” the report said. by the House majority on the committee, first obtained by Fox News Digital, said.

When illegal immigrants are encountered, they may be subject to deportation proceedings whereby they will ultimately face an immigration judge to have their case decided. There are about 700 immigration judges in the United States, and they are currently facing a backlog of millions of cases after the historic crisis. crisis at the border.

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The report cites committee briefings, which staff said revealed that more than 700,000 illegal immigrants have had their immigration cases rejected, terminated, or administratively closed by an immigration court under the current administration, ” allowing these foreigners to remain in the country indefinitely without facing immigration consequences. “.

Additionally, it states that the Justice Department’s Executive Office for Immigration Review (EOIR), which oversees the immigration courts, reported more than 109,000 cases as not having been adjudicated during of FY23, meaning they were completed but not judged on the merits of the claims.

Moreover, as previously reportedDHS failed to file necessary paperwork for an additional 200,000 cases, “meaning the overwhelming majority of these aliens may also remain in the United States indefinitely.”

“Instead of actually judging illegal alien cases based on the merits of their claims for relief – such as whether an alien has a valid and successful asylum application – immigration judges under the Biden-Harris administration, have been responsible for approving case dismissals, terminations, and closings, all of which allow illegal aliens to remain in the United States without immigration consequences,” the report said. “This sort of quiet amnesty has become a staple of the Biden-Harris administration’s immigration courts.

A Border Patrol agent guides migrants into a Border Patrol van to take them to a processing center February 4, 2024 in Eagle Pass, Texas. (Michael Gonzalez/Getty Images)

The report details that DHS issued a memo in 2022, directing Immigration and Customs Enforcement (ICE) attorneys to promote the closure and dismissal of cases, given the enormous backlog. It was intended to remove from the docket “non-priority cases,” that is, those that do not pose threats to national security, public safety or border security.

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Meanwhile, at the DOJ, the committee points to a 2021 memo issued by Attorney General Merrick Garland, in which he reinstated the use of a process known as administrative closure to allow “focus on higher priority cases.” “. The commission found, after interviews with officials, including a former EOIR director, that immigration judges were encouraged to dismiss or administratively dismiss cases.

“By arming both immigration judges within the Justice Department and ICE attorneys within DHS, the Biden-Harris administration has ensured that more than a million aliens – including the overwhelming majority would likely have no legal basis to remain in the United States – may remain in the country indefinitely,” the report said. “This quiet amnesty not only undermines U.S. immigration law, but also encourages more illegal aliens to arrive at U.S. borders, knowing they will be released into the country and never be deported.”

Fox has previously reported that dismissal of a case can also be problematic for migrants, who may find themselves uncertain about their status and what to do next, as a dismissal does not grant nor is it a form of legal status.

The DOJ declined to comment, while DHS pointed to statistics showing that 96% of summons to court (NTA) have been successfully filed since January 2021 and 98% since the start of FY23, the majority of new ones NTA being filed. digitally and automatically in EOIR systems.

DHS states that when an NTA is filed incorrectly or late, the NTA is resubmitted so that cases can continue at a later date. He points out that migrants are also asked to register and report their address changes so they can continue to receive information about their case.

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Migrants line up to be processed by Border Patrol along the border wall after crossing the Rio Grande into El Paso, Texas, December 19, 2022. (Herika Martinez/AFP via Getty Images)

Meanwhile, the Biden administration has pointed to a sharp decline in border encounters since President Biden signed an executive order limiting entries into the United States. Meetings have decreased by 55% since then. The agency also says it completed more than 700,000 referrals or returns in FY24, the most since 2010.

This comes as immigration remains one of the top election issues heading into November 5, with former President Trump and Vice President Kamala Harris arguing over who is the best candidate to tackle the situation at home. border.

Get the latest updates on the ongoing border crisis from Fox News’ Digital Immigration Center.