Homeland Security's border agency says it has fixed a loophole from the Biden era that let immigrants enter the United States illegally and claim asylum despite using fraudulent identification documents, according to a newly released audit.
The Department of Homeland Security's inspector general said in a report that agents at the border caught migrants using fake papers but failed to record the attempted fraud in the migrants' official immigration files, known as A-files, reports The Washington Times.
As a result, authorities reviewing asylum applications had no idea the individuals had tried to deceive border officers, which could have disqualified them.
The audit warned that the oversight meant "individuals who pose a threat to national security" may have been released into the country. "Asylum may be granted to individuals suspected by CBP of committing fraud," the report stated.
Investigators found that in some cases, Customs and Border Protection officers returned the fraudulent documents to the migrants, rather than sending them to the Fraud Document Analysis Unit, as required by CBP policy, and "in some cases returned them to aliens who were likely released into the United States," the inspector general's office said.
CBP said that it has implemented new safeguards and that the situation has improved substantially under the Trump administration.
The agency said record-low border encounters have given agents more time to verify identities using facial recognition and fingerprint tools, update alien files, and prosecute violators.
The inspector general reviewed 60 cases of suspected fraudulent documents, half involving migrants caught sneaking across the border and half at official ports of entry.
In 47 cases, migrants were released despite lacking visas and presenting fake paperwork. None were charged with document fraud, the report found.
Border Patrol agents failed to record fraudulent documents in 28 of 30 cases, partly because the standard encounter form lacked a section for that purpose.
At ports of entry, where forms did allow fraud notations, officers were often more likely to hand fake documents back, a violation of CBP policy.
When investigators visited border facilities, they found piles of abandoned fraudulent documents.
The audit warned such materials could be reused for criminal activity, including money laundering and tax evasion.
Andrew "Art" Arthur, a former immigration judge now with the Center for Immigration Studies, said the omission deprived judges of key credibility information.
"If an alien presented a fraudulent document, it would have gone directly toward the alien's overall credibility, which is often the most important factor in immigration court," he said.
The inspector general noted that new executive orders under Trump have ended catch-and-release policies and emphasized criminal prosecution for border crossers.
CBP accepted all five recommendations from the audit, including improved training and documentation procedures.
The agency said it has already updated its systems to flag fraudulent documents in A-files, but acknowledged that correcting past cases will be difficult.
As of May 20, there were more than 5.4 million active immigration cases still awaiting final rulings.
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