Understanding the Exemptions

According to a draft of the Department of Homeland Security (DHS) FY 2024 report reviewed by Fox News Digital, the administration has issued a total of 6,848 exemptions for Foreign Nationals that previously faced restrictions due to terrorism-related inadmissibility grounds (TRIG). Most of these exemptions (6,653) were extended to refugees, although the report does not specify the countries involved.

Foreign nationals seeking entry into the United States can be classified as inadmissible if they have affiliations with or have provided support to terrorist organizations. Despite this, the DHS secretary possesses the authority to grant exemptions under specific circumstances, such as when individuals have provided assistance under duress or have offered medical care.

Statistics Highlighting the Surge

The number of TRIG exemptions this year marks a significant rise from previous years, with only 2,085 waivers issued in FY 2023, and even fewer in the years prior: 603 in FY 2022, 191 in FY 2021, and 361 in FY 2020. The increase follows an expansion of the refugee cap to 125,000—a major escalation from the 18,000 set during the last year of the Trump administration.

Specific Cases and Categories of Exemption

Among those granted exemptions, 29 were designated for Afghan allies who supported U.S. interests in Afghanistan, and 374 were for civil servants. Notably, a substantial portion (3,134) received exemptions under the 2022 DHS announcement for individuals providing “insignificant or certain limited material support” to designated terror groups.

For asylum seekers, 155 exemptions were granted, along with 22 for green card holders and four for applicants of Temporary Protected Status.

Implications for Immigration Policy

This increase in TRIG exemptions is occurring as the Trump administration is anticipated to reinstate stricter immigration controls, potentially aiming to reduce refugee admissions. Critics of the Biden administration’s approach highlight concerns surrounding national security and the implications of expanded immigration pathways.

Republicans and former officials from the Trump administration have raised alarms about the administration’s approach to immigration, citing it as a potential gateway for individuals associated with terrorism. Michael Bars, a former Trump DHS deputy assistant secretary, expressed concerns that the Biden administration’s policies have not only failed to secure the borders but may have exacerbated threats by allowing individuals with ties to terrorism to enter the country.

Response from the Biden Administration

While the DHS did not respond directly to requests for comment regarding the surge in exemptions, the report emphasizes that all applicants are subjected to a comprehensive security vetting process. It states, “All applicants considered for exemptions were subject to a thorough and rigorous security vetting process” that includes biographical and biometric checks against various law enforcement and intelligence databases. The stringent vetting procedures aim to ensure that only individuals without national security or public safety risks receive asylum or refugee status.

DHS Secretary Alejandro Mayorkas noted that these exemptions demonstrate America’s continued commitment to Afghan allies and their families, stressing that adequate security checks are in place to prevent risks.

Historical Context and Controversy

The Biden administration’s current approach has drawn ire from Republicans who cite prior instances of TRIG exemptions, particularly those that extended the definition of terrorism-related activity to a broad range of situations. In 2022, DHS issued exemptions for Afghan evacuees including those providing minimal support to terror groups, a move that raised concerns among legislators about the long-term implications of such policies.

In August 2022, a coalition of lawmakers voiced their alarm over the exemptions, emphasizing that the criteria for exemption could be broadly interpreted, thereby allowing individuals linked to various conflicts, terrorist organizations, or time periods into the country.