DHS chief Mayorkas questioned on reports of 'mass amnesty' for asylum seekers

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FIRST ON FOX: Department of Homeland Security Secretary Alejandro Mayorkas is facing scrutiny over a report that hundreds of thousands of noncitizen asylum seekers had their cases closed without a ruling, ushering in a sort of "mass amnesty."

"The American people deserve transparency and accountability regarding the administration’s handling of immigration and border security. The current state of affairs at our southern border is unacceptable and demands immediate and effective solutions," Sen. Kevin Cramer, R-N.D., wrote in a letter to the DHS secretary and Attorney General Merrick Garland.

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This split shows DHS Secretary Alejandro Mayorkas and migrants surging across the border. (John Moore/Getty Images | Kent Nishimura/Getty Images)

Over 350,000 asylum cases since 2022 were closed by the administration if the migrants involved did not have a recorded criminal history, per data from a report by Syracuse University’s Transactional Records Access Clearinghouse (TRAC), a nonpartisan data gathering organization that tracks immigration cases and backlogs.

The New York Post reported the "mass amnesty" move earlier this month.

Cramer led 20 other Republican senators who also signed the letter, citing the Post article, requesting answers from the Biden officials regarding whether the report is accurate. 

Co-signers included Sens. James Risch, R-Idaho, Steve Daines, R-Mont., Ted Cruz, R-Texas, Mike Lee, R-Utah, Thom Tillis, R-N.C., Cynthia Lummis, R-Wyo., John Cornyn, R-Texas, Dan Sullivan, R-Alaska, Mike Crapo, R-Idaho, Marsha Blackburn, R-Tenn., Ted Budd, R-N.C., Mike Rounds, R-S.D., Pete Ricketts, R-Neb., Ron Johnson, R-Wis., Deb Fischer, R-Neb., Marco Rubio, R-Fla., Roger Wicker, R-Miss., John Hoeven, R-N.D., Tim Scott, R-S.C., and Bill Hagerty, R-Tenn.

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Border Patrol agents process asylum seekers at an improvised camp near the U.S.-Mexico border on Feb. 20, 2024, in Jacumba Hot Springs, California. (Qian Weizhong/VCG via Getty Images)

Former Acting ICE Director Tom Homan reacted to the report recently on "Fox & Friends First," claiming, "They haven't done a single thing to slow the flow. And I guarantee you, the executive action … is going to be another insult on the American legal system."

Cramer slammed the action described in the report, writing, "This action allows these individuals to remain in the United States indefinitely without undergoing the proper legal processes required to either grant or deny their asylum claims."

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Sen. Kevin Cramer is questioning Mayorkas and Garland over the report of 'mass amnesty.' (Bill Clark/CQ Roll Call via Getty Images)

"The Biden administration's purported ‘mass amnesty’ for illegal aliens" actually undermines the immigration system, the senator said.

He further called it "an affront to every person pursuing a legal path to the United States."

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Biden has faced significant criticism over the vulnerabilities at the southern border. (Drew Angerer/Getty Images | Jose Torres/Anadolu via Getty Images)

Cramer pressed the Biden administration in the letter over how many of the cases closed by the Executive Office for Immigration Review involved migrants that crossed the border illegally since Jan. 20, 2021, when President Biden was inaugurated. 

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The North Dakota senator also asked how Mayorkas and Garland planned to prevent the case dismissals from "incentivizing illegal immigration." 

Neither DHS nor the Department of Justice immediately responded to Fox News Digital's requests for comment.