The Biden administration has reportedly granted nearly 7,000 exemptions, predominantly to refugees, who might otherwise be deemed ineligible for entry into the U.S. due to terrorism-related restrictions.
This figure marks a significant increase compared to recent years.
As reported by Fox News Digital, a draft of the Department of Homeland Security's (DHS) FY 2024 report to Congress reveals the extent of the DHS secretary's discretionary power to exempt foreign nationals from terrorism-related inadmissibility grounds (TRIG). Foreign nationals seeking entry to the U.S. can be deemed inadmissible for entry and immigration benefits if they have any association with, or have provided support to, terrorist organizations.
However, the DHS secretary has the authority to exempt certain foreign nationals from this inadmissibility, including those who have provided support under duress, those who have offered medical care, and those who meet other exemption criteria.
The draft report indicates that there were 6,848 TRIG exemptions in FY 2024. The majority of these exemptions (6,653) were granted to refugees, although the report does not provide a breakdown by country. The Biden administration has notably increased the refugee cap to 125,000, a significant rise from the 18,000 cap set in the final year of the Trump administration.
This figure of 6,848 marks a substantial increase from the 2,085 waivers issued in FY 2023, which was itself a higher figure than in previous years. According to DHS reports, there were 603 waivers granted in FY 2022, 191 in FY 2021, and 361 in FY 2020.
In 2022, the DHS announced an exemption for Afghan evacuees who worked as civil servants or individuals who provided "insignificant or certain limited material support" to a designated terror group. This exemption could apply to a wide range of occupations, including teachers, doctors, and engineers, and those who used their position to mitigate Taliban repression. This exemption was announced during a mass evacuation effort of nationals from Afghanistan as the Taliban seized control of the country in 2021.
The FY24 report reveals that 29 waivers were granted to Afghan allies who supported U.S. interests in Afghanistan, and 374 were for civil servants. Meanwhile, 3,134 were for those who provided certain limited support or insignificant material support to a Tier I or Tier II terror organization, under the 2022 exemption announced by DHS. Most of the remaining exemptions (2,946) were given under a 2007 exercise of authority for support given under duress.
Of those who received exemptions who are not refugees, 155 were for asylum applicants, 22 were for green card holders, and four were applicants for Temporary Protected Status.
This surge in TRIG exemptions precedes a Trump administration that is expected to significantly reduce refugee admissions, while also ramping up deportations of illegal immigrants and bolstering security at the southern border.
Republicans and former Trump administration officials have frequently criticized the Biden administration for its expansion of immigration pathways and release of migrants into the interior, partly due to concerns about the potential risk of terrorism.
"Joe Biden and his administration have viciously targeted parents at school board meetings, pro-life Americans, Catholics, and Trump supportersdesignating some as 'domestic terrorists'instead of catching actual terrorists and keeping them out of the country," Michael Bars, a former Trump DHS deputy assistant secretary and White House senior communications adviser, told Fox News Digital. "In fact they've been helping potential threats move in, waiving national security safeguards to admit individuals who've provided varying degrees of material support to Islamic terrorist organizations in extraordinary numbers."
"Islamic terrorism is not 'homegrown'it's been imported to the U.S. through our broken immigration system and open border. The Biden administration has not only failed its duty to address this rising threat, but precipitated it," he added.
While DHS did not respond to requests for comment from Fox News Digital, the report emphasizes that all applicants are subject to a thorough and "rigorous" security vetting process.
"All applicants considered for exemptions were subject to a thorough and rigorous security vetting process," the report states. "[U.S. Citizenship and Immigration Services] procedures require that the biographic and biometric data of all applicants be screened against a broad array of law enforcement and intelligence community databases that contain information about individuals known to be security threats, including the terrorist watchlist. In addition to rigorous background vetting, the Secretarys discretionary authority is applied only on a case-by-case basis after careful review of all factors and after all security checks have cleared."
"These exemptions will allow eligible individuals who pose no national security or public safety risk to receive asylum, refugee status, or other legal immigration status, demonstrating the United States continued commitment to our Afghan allies and their family members," DHS Secretary Alejandro Mayorkas said in 2022.
The Biden administration has also previously noted prior usage of TRIG exemptions, including in 2019, to apply to those involved in the Lebanese civil war between 1975 and 1990. The USCIS website also says that the definition of terrorism-related activity "is relatively broad and may apply to individuals and activities not commonly thought to be associated with terrorism."
The use of TRIG exemptions has proven controversial with Republicans. In August 2022, a coalition of senators sounded the alarm on the 2022 exemptions, saying the exemption of those providing insignificant or limited support could permit was written in a way that isnt limited to Afghans alone.
"Indeed, it is not limited to certain conflicts, terrorist organizations, geographic regions, or time periods at all," they said. This statement underscores the ongoing debate surrounding the use of TRIG exemptions and the potential security implications for the United States.
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