A new DHS Inspector General report finds the Biden administration took almost no enforcement action against visa overstays, including public safety threats, and arrested only a handful out of millions, reports Bill Melugin.
From fiscal year 2021 to fiscal year 2024, ICE received over 3.1 million visa overstay leads; roughly 104,000 had public safety or national security concerns. This resulted in only 496 investigations by ICE (2%) and only eight arrests.
The Democrat administration is pro-criminal, so this shouldn’t come as a surprise.
A September 2021 Mayorkas policy memo directed ICE to target only illegal immigrants considered “Priority 1 leads.” Out of 1,769 highest-priority overstay leads, ICE only conducted 84 investigations (5%), resulting in only 2 arrests.
They especially love illegal alien criminals, and they are dedicated to open borders.
And most criminal aliens are likely still in the country. After ICE catches them, governors like Kathy Hochul release them.
Most of the more than 3 million visa overstay leads were deemed “non-priority.” 2.8 million of these “non-priority” leads were sent to ICE for investigation, leading to just 5 investigations and only 2 arrests out of 2.8 million!
Another shocking piece of the report: visa overstays tracked by CBP exploded by 364% during Biden’s first full year in office, FY 2022.
The Homeland Security Inspector General concluded that the 2021 Mayorkas memo largely explains the lack of enforcement.
“ICE conducted few nonimmigrant overstay lead-initiated investigations and arrested even fewer foreign nationals who stayed beyond or violated the terms of their admission because of the September 2021 policy that directed ICE’s limited resources only to leads posing a threat to national security, public safety, and border security. When ICE did attempt to pursue action on a lead, it encountered challenges verifying addresses and locating the foreign nationals present in the United States. Further, ICE did not have sufficient resources to pursue all overstay leads.”
The 2021 Memo:
On September 30, 2021, former DHS Secretary Mayorkas issued DHS memorandum Guidelines for the Enforcement of Civil Immigration Law (the Civil Enforcement Priorities Memo), which stated that foreign nationals should only be targeted for enforcement action if they pose a threat to:
-
- national security as a foreign national who engaged in or is suspected of terrorism or espionage, or terrorism-related or espionage-related activities, or who otherwise poses a danger to national security;
- public safety as a foreign national who committed a serious criminal offense;
- or border security as a foreign national who is either:
(a) apprehended at the border or port of entry while attempting to unlawfully enter the United States; or
(b) apprehended in the United States after unlawfully entering after November 1, 2020.
On January 20, 2025, President Trump issued Executive Order 14148, Initial Rescissions of Harmful Executive Orders and Actions, canceling the Civil Enforcement Priorities Memo.
There were many other policies to keep the borders open and criminal aliens in the country. For example, Mayorkas, crediting the mentally limited Biden, made the entire nation a sanctuary with endless no-go zones
ICE couldn’t go anywhere near graveyards, community organization offices, and any area where children “gather.” Basically, they can’t arrest anyone across many urban areas, The Washington Times reported. Schools, hospitals, and churches were off-limits since January 2021.
They allowed monsters like this:
BREAKING: I’m told by DHS sources that the two suspects wanted for attempted murder in connection to the stabbing & robbery of an off-duty NYPD detective in NYC on Friday are both Dominican illegal aliens who were caught and released at the AZ border by the Biden administration & both have lengthy criminal histories in NYC, including an ignored ICE detainer.
Both suspects remain at large, and while NYPD hasn’t officially released their names yet, @FoxNews is told they’ve been identified as 24-year-old SNEIDER MEJIA BAUTISTA and 25-year-old DANGELO RAFAEL JEAN CARABALLO.
I’m told that MEJIA BAUTISTA, a Dominican national, was arrested by Border Patrol after crossing the border illegally near San Luis, AZ on 12/2/2022 with his family, and they were all released into the country. He and his family have had deportation orders since 5/8/2025. I’m told that MEJIA BAUTISTA was arrested by NYPD in the Bronx for criminal possession of a weapon on 10/3/2025 and the next day, ICE filed a detainer on him, but the detainer was ignored and he was released from local custody. I’m told he was also arrested by NYPD on 1/7/2025 for criminal possession of stolen property.
I’m told that DANGELO RAFAEL JEAN CARABALLO, a Dominican national, was arrested by Border Patrol after crossing the border illegally near San Luis, AZ on 2/2/2023, and he was released into the country with a future court date. He has five prior arrests in NYC, but no ICE detainers were filed because he was released from custody so quickly each time. His priors include:
1/5/2024 – Arrested by NYPD for reckless endangerment, unlawful fleeing from police officer, and reckless driving
12/20/24 – Arrested by NYPD for being in possession of burglar’s tools
6/4/2025 – Arrested by NYPD for criminal possession of a controlled substance
10/26/25 – Arrested by NYPD for criminal possession of a loaded firearm
7/10/2026 – Arrested by NYPD for criminal menacing involving a weapon
Per DHS sources, on each arrest, he was released so quickly that he was already out of custody by the time the feds knew about the encounters and couldn’t put detainers on him in time.
— Bill Melugin (@BillMelugin_) October 6, 2026