“Last year, citing the pandemic, the White House strong-armed the Centers for Disease Control to invoke Title 42, an order that closes the border in times of emergency. Though for many classes of people the border has remained totally porous —businesspeople, vacationers and even many immigrants have crossed it freely for most of the pandemic — asylum seekers and refugees have been blocked. In the months since, a record-low number of refugees have been resettled, and just about every asylum seeker arriving on the southern border, except for some unaccompanied children, has been turned away or summarily deported.
While Biden has started to reopen those processes — people in refugee camps in Mexico as part of Trump’s “Remain in Mexico” plan have begun to enter the U.S. to make their cases for asylum — there are reasons to believe that on this front, Trump’s presidency will have a much longer-lasting effect. While Trump and Miller attacked immigration in all its forms, no would-be immigrants received more attention or provoked more action than refugees. And in turning asylum seekers into political ammunition in the American fight over immigration — conflating them with illegal border-crossers — Trump broke a fragile but powerful consensus that had lasted through Republican and Democratic presidents and had kept America open as a nation of refuge for more than a generation.
Biden may yet repeal Title 42, the order closing the door to refugees and asylum seekers, though the White House has said it will remain in place while it figures out how to implement an improved processing system. But that order was not the only way Trump damaged the system. He was the first major party candidate to run on an explicitly anti-refugee platform. And he continued to wage a campaign unapologetically against asylum seekers after taking office, putting through a barrage of rule changes, regulations and legal decisions that hobbled the system before he shut it down altogether in the pandemic.”
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“Since Trump mainly used executive action — circumventing Congress — to change policy, it may not be hard for Biden to reopen the U.S. to refugees and asylum seekers over the next four years. But in the longer term, closing the political divide that Trump widened on asylum will prove much more challenging. Thanks to the last administration, asylum in the U.S., once globally reliable, has become like the carpeting in the Oval Office: something that can be torn up and remade from president to president.”