The Biden administration took limited enforcement action on millions of potential immigration overstays, including more than 100,000 cases flagged for possible national security or public safety concerns, according to a new federal watchdog report.
The Department of Homeland Security Office of Inspector General examined U.S. Immigration and Customs Enforcement’s handling of overstay leads during fiscal years 2021 through 2024, a period that fell largely during the Biden administration.
The watchdog issued its report on September 29, and DHS highlighted its findings on October 5.
ICE received 3,145,375 leads involving possible overstays during the four-year period, DHS said Monday.
The findings do not mean all 104,049 people were confirmed national security threats or confirmed illegal aliens. The cases were leads generated for further review, and ICE had to determine whether individuals had actually remained in the United States beyond their authorized stays and whether further investigation was warranted.
Millions Of Leads Classified As Non-Priority
The remaining 3,041,326 leads, or 96.7%, were classified as “Non-Priority,” according to DHS.
Of the 2,837,188 Non-Priority leads forwarded to ICE Enforcement and Removal Operations, five were investigated as possible public safety threats. Those investigations resulted in two arrests.
The inspector general identified several factors contributing to the limited enforcement activity, including Biden-era immigration enforcement priorities, difficulty verifying addresses and locating suspected overstays, and resource constraints.
Then-DHS Secretary Alejandro Mayorkas issued new immigration enforcement guidelines on September 30, 2021. The policy directed immigration officers to prioritize threats to national security, public safety, and border security rather than treating unlawful presence alone as a basis for enforcement priority.
The inspector general recommended that ICE develop and implement a plan to increase investigations and enforcement actions involving Priority 1 nonimmigrant overstays. ICE concurred with the recommendation.
DHS Secretary Markwayne Mullin sharply criticized the previous administration’s record following release of the findings.
“The degree of the Biden Administration’s dereliction of duty, which needlessly put American lives at risk, is staggering and enraging,” Mullin said in DHS’ October 5 release.
“Unlike the Biden Administration, the Trump Administration will always put the safety of the American people first,” Mullin added. “We will target and remove as many illegal aliens as possible to make America safe again.”
DHS Highlights Criminal Cases
DHS also pointed to several illegal aliens who initially entered the United States lawfully but remained after their authorized stays expired and were later arrested on serious criminal charges.
Shaqiuel Sheldon Williams, an illegal alien from Jamaica, entered the United States legally in December 2023 but remained illegally after his authorized stay expired in January 2024, according to DHS.
He was later arrested in Florida and charged with two counts of aggravated battery with a deadly weapon after he allegedly stabbed two people at a Burger King. ICE lodged an immigration detainer against him.
John Young Cotter Johnstone, an illegal alien from the United Kingdom, entered the United States in 2021 through the Visa Waiver Program and was authorized to remain until February 2022. He remained beyond that date and was illegally present in the country, according to DHS.
Johnstone was arrested in Nevada and charged with four felony counts of willfully torturing, maiming, or mutilating animals following an investigation into alleged abuse of dogs at the animal shelter where he worked. A separate DHS release on the case said Las Vegas Metropolitan Police arrested him April 1 and that he was transferred to ICE custody the following day.
Sameh Mohamad Chami lawfully entered the United States on December 2, 2021, on a B-2 tourist visa and received an extension through December 1, 2022, but remained after that authorization expired, according to DHS.
Friendswood police arrested him in Texas on August 6, 2025, and he was charged with aggravated kidnapping after he allegedly sexually assaulted his Uber passenger. ICE lodged an immigration detainer the same day.
Galveston County prosecutors later dropped the charge after video evidence contradicted the allegation, the Houston Chronicle reported.
