FIRST ON FOX: Almost 1 million illegal immigrants remain in the U.S. “indefinitely” after their cases were dismissed or closed, or the Department of Homeland Security (DHS) failed to file the required paperwork, according to a new House Judiciary Committee report released Thursday.

“Through administrative maneuvering at both the Justice Department and DHS, the Biden-Harris Administration has already ensured that nearly 1 million illegal aliens can remain in the United States without the possibility of deportation — and that trend shows no signs of stopping,” the report. by the House majority on the committee, first obtained by Fox News Digital, says.

When illegal immigrants are encountered, they may be subject to removal proceedings where they will eventually face an immigration judge to have their case decided. There are approximately 700 immigration judges in the US and they currently deal with a record backlog of millions of cases border crisis.

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The report cites briefings to the committee, which staff say revealed that more than 700,000 illegal immigrants have been rejected, terminated or administratively detained in immigration court during the current administration, “allowing those aliens to remain in the country indefinitely without face immigration consequences. .”

Additionally, the Justice Department’s Executive Office for Immigration Review (EOIR), which oversees immigration courts, is said to have reported more than 109,000 cases as backlogged in FY 23, meaning they were completed but not adjudicated based on requests.

In addition, ca previously reportedDHS failed to file the required documentation for an additional 200,000 cases, “meaning that the vast majority of those aliens may also remain in the US indefinitely.”

“Rather than actually adjudicating illegal alien cases based on the merits of the alien’s claims for relief — such as whether an alien has a valid and successful asylum claim — immigration judges under the Biden-Harris administration were tasked with dismissing cases, closing cases, and terminating cases, all of which allowed illegal aliens to remain in the United States without immigration consequences,” the report said. “This kind of quiet amnesty has become an element of basis of the Biden-Harris Administration’s immigration courts.”

A Border Patrol agent guides migrants into a Border Patrol van to be taken to a processing center on 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 case closures and dismissals given the enormous backlog. It was framed as removing “non-priority cases” from the docket — that is, those that do not qualify as threats to national security, public safety or border security.

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Meanwhile, at the DOJ, the committee points to a 2021 memo from 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, through interviews with officials, including a former EOIR director, that immigration judges were encouraged to dismiss or administratively close cases.

“In aligning both Justice Department immigration judges and DHS ICE attorneys, the Biden-Harris Administration has ensured that more than 1 million aliens — the overwhelming majority of whom would likely otherwise have no legal basis for to remain in the United States – they can stay in the country indefinitely,” the report said. “This quiet amnesty not only undermines US immigration law, but also encourages additional illegal aliens to arrive at America’s borders, knowing they will be released into the country and never deported.”

Fox previously reported that dismissing cases can also be problematic for migrants, who can be left in limbo about their status and what to do next, as a dismissal does not grant any form of legal status.

DOJ declined to comment, while DHS pointed to statistics showing that 96% of notices to appear in court have been successfully filed since January 2021 and 98% since the start of FY23, with the majority of new NTAs being filed. digitally and automatically in EOIR systems.

DHS says when an NTA is not filed correctly or late, the NTA is resubmitted so cases can continue at a later date. It points out that migrants are also being told to register and report address changes so they can continue to receive information about their cases.

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

Meanwhile, the Biden administration has pointed to a sharp drop in border encounters since President Biden signed an executive order limiting entries into the U.S. Encounters have dropped 55 percent since then. The agency also says it completed more than 700,000 removals or returns for FY24, the most since 2010.

It comes as immigration remains a top election issue ahead of Nov. 5, with both former President Trump and Vice President Kamala Harris dueling over who is the best candidate to address the border situation.

Get the latest updates on the ongoing border crisis from Fox News Digital’s immigration hub.