DHS watchdog finds Biden administration’s immigration enforcement fell short after record visa overstays
The Department of Homeland Security Office of Inspector General released a report this week that details a steep decline in immigration enforcement activity during the Biden administration.
According to the report, the foreign‑born population grew by 8.3 million, raising its share of the U.S. population to a record 15.8 percent. The Center for Immigration Studies estimates that the undocumented population rose by about 5.6 million in the same period, driven by both illegal border crossings and visa overstays.
Fiscal years 2021 through 2024 saw nearly two million suspected non‑immigrant visa overstays among travelers arriving by air and sea. ICE logged more than 3.1 million leads related to overstays or other admission violations, yet only eight individuals were ultimately arrested.
The report attributes the low arrest rate to a September 30, 2021 memorandum issued by Homeland Security Secretary Alejandro Mayorkas. The memo directed ICE to focus resources on “national security, public safety, and border security,” and required agents to weigh mitigating factors such as length of residence and family impact before pursuing removal. The guidance also excluded automatically treating domestic‑violence convictions as grounds for deportation.
Further analysis shows that of the 3,145,375 overstays identified, 104,049 were deemed national‑security or public‑safety concerns. ICE opened just 496 investigations and made eight arrests, while Homeland Security Investigations initiated only 84 investigations out of 1,769 “Priority 1” leads—about five percent of the high‑risk cases.
The watchdog’s recommendations call for ICE to develop a plan that expands investigations and enforcement actions against priority overstayers, urging a return to broader criteria for removal.
Lawmakers and immigration officials are expected to review the findings as the 2028 election cycle approaches, raising the possibility of policy shifts and increased congressional oversight of ICE priorities.
