A draft report reveals that the Biden administration granted nearly 7,000 exemptions, primarily to refugees, allowing foreign nationals to enter the U.S. despite potential terrorism-related inadmissibility. This figure represents a substantial increase compared to previous years, raising concerns among Republicans and former Trump administration officials.

The Department of Homeland Security (DHS) possesses the authority to grant exemptions from terrorism-related inadmissibility grounds (TRIG) under specific circumstances, such as duress or provision of medical care. The draft report indicates 6,848 TRIG exemptions were granted in FY 2024, with the vast majority (6,653) going to refugees. This number dwarfs the 2,085 waivers issued in FY 2023 and figures from preceding years (603 in FY 2022, 191 in FY 2021, and 361 in FY 2020).

The Biden administration's raising of the refugee cap to 125,000 from the 18,000 set during the Trump administration is a contributing factor to this increase. In 2022, DHS established an exemption for Afghan evacuees who were civil servants or provided limited material support to designated terror groups. This exemption encompassed various professions, including teachers, doctors, and engineers, who used their roles to mitigate Taliban repression. The FY24 report details that 29 waivers were for Afghan allies supporting U.S. interests, 374 for civil servants, and 3,134 for those providing limited support to terror organizations under the 2022 exemption. An additional 2,946 exemptions were granted for support provided under duress, based on a 2007 authority.

Of the non-refugee exemptions, 155 went to asylum seekers, 22 to green card holders, and four to Temporary Protected Status applicants. This surge in exemptions comes as the incoming Trump administration is anticipated to drastically reduce refugee admissions while simultaneously increasing deportations and border security. Republicans and former Trump officials have voiced criticism of the Biden administration's immigration policies, citing concerns about potential terrorism risks.

While DHS hasn't responded to requests for comment, the report emphasizes that all applicants undergo rigorous security vetting, including database checks and case-by-case reviews. The Biden administration has defended its use of TRIG exemptions, citing past instances like those applied during the Lebanese civil war. The definition of terrorism-related activity is broad and may encompass individuals and activities not typically associated with terrorism. However, the application of these exemptions remains contentious, with some Republicans expressing worry about the potential for misuse.