“On his first day in the presidency, Biden began to tackle some of the harsh immigration measures imposed by Trump. He lifted Trump’s so-called Muslim ban, which prevented citizens of seven predominantly Muslim countries from coming to the U.S. He signed an executive order halting construction of a wall at the U.S.-Mexico border. And he sent the U.S. Citizenship Act of 2021 to Congress. Among other things, that bill set out to create a path to citizenship for undocumented people, clear backlogs in the family-based immigration system, and improve immigration courts.
However, many of those early wins—and supposed reversals of Trump’s policies—came with asterisks. Biden was right to rescind Trump’s “Muslim ban,” but nearly all families affected by the policy remained separated because of visa application backlogs. He was right to halt construction of the border wall (which was never going to work), but his administration failed to stop Trump’s land grab lawsuits and the federal government continued to seize private property along the U.S.-Mexico border through eminent domain. That ambitious immigration bill has gone nowhere.
Since taking office, Biden has cherry-picked which of Trump’s most controversial policies he’ll keep and which he’ll discard. The ones he’s kept are cruel, counterproductive, and are failing to please either side of the political aisle.
Key among them is Title 42, which critics say violates longstanding U.S. asylum law. The policy was first imposed by the Trump administration and allows Customs and Border Patrol (CBP) to expel migrants on public health grounds. Deprived of the opportunity to present their cases for asylum, migrants are very often returned to dangerous communities and countries. Biden has kept Title 42 in place, even though it was the brainchild of notoriously anti-immigration Trump adviser Stephen Miller. Centers for Disease Control and Prevention officials have questioned its efficacy as a COVID-19 mitigation measure from the very beginning.
CBP expelled over 1 million people under Title 42 in 2021, with over 7,000 migrants getting kidnapped and attacked by cartels and Mexican authorities post-expulsion since Inauguration Day. The Biden administration has also used Title 42 to deport thousands of Haitians to Haiti, even though many of the deportees hadn’t lived in Haiti for years and were actually coming from South America. Some Biden appointees have suggested that the president’s continuation of Title 42 “is largely based on optics—that it’s staying in place because of concerns that ending it will fuel perceptions of a chaotic border.”
But Biden’s critics falsely claim that the Southern border is open. It’s true that CBP reported a 21-year high of 1.66 million migrant encounters at the border in fiscal year 2021. The majority—61 percent—of those apprehensions resulted in Title 42 expulsions, and the figure fails to account for repeat crossings. “Perversely, continuing this Trump policy has also given ammunition to the hard-right nativists, because it has the unintended consequence of inflating the count of U.S. border crossings,” writes The Washington Post’s Catherine Rampell. Over one-quarter of encountered individuals were apprehended multiple times by CBP, Rampell notes—”nearly quadruple the share in 2019.”
All the while, inefficiency has plagued day-to-day aspects of the U.S. immigration system. Two years into the pandemic, 60 percent of U.S. embassies and consulates are still partially or completely closed for visa processing. Nearly 440,000 immigrant visa applicants whose cases are “documentarily complete” are still waiting for visa appointments (the State Department scheduled just 26,605 appointments for this month). The nation’s refugee intake hit a record low in fiscal year 2021 and our numbers aren’t on pace to be any better in 2022. Legal immigration collapsed under Trump; it hasn’t rebounded under Biden.
All that said, it would be unfair to say that Biden’s immigration policy has been a complete failure. The administration evacuated a staggering number of Afghans after their country fell to the Taliban in August. Visa processing has been imperfect and many vulnerable people are still trapped in Afghanistan, but the Biden administration smartly introduced a private refugee sponsorship program that allows U.S. citizens to help support and resettle evacuated Afghans. Biden has rescinded some Trump-era rules that needlessly slowed down visa and work permit processing, and recently added 20,000 visas to this fiscal year’s cap for the nonimmigrant nonagricultural worker H-2B visa. The administration restarted the Central American Minors program, which allows at-risk children from El Salvador, Guatemala, and Honduras to come to the U.S. as refugees.”
“Since the FDR presidency, Saudi Arabia has been an important United States partner. It is a major energy producer and home to the two most significant sites in Islam, and for decades, America had provided security guarantees to the kingdom. In return, the US has depended on Saudi Arabia as a counterweight to Iran in the Middle East, an intelligence partner against terrorist groups, and a dominant investor with an enormous sovereign wealth fund. But MBS’s ruthless intransigence had put the relationship to the test.
Biden’s government-in-waiting recognized that MBS demanded a different approach. Daniel Benaim, who advised the campaign and is now a senior Middle East diplomat, searched for a way to elevate human rights. In summer 2020, he proposed a “progressive course correction” that spelled out consequences for future malign behavior.
Benaim suggested a six-month review of policy, but it’s not clear whether Biden’s State Department has conducted such a reassessment. (The State Department declined to comment on the record, as did the White House.)”
…
“Overall, the Biden administration has responded to MBS with an approach that keeps human rights concerns behind closed doors because, advisers say, the relationship with Saudi Arabia is so integral to US policy. By balancing the concerns of human rights activists and the Washington national-security establishment, Biden’s team has found that it is disappointing both, as well as supporters of the crown prince.
A month into office, Biden broke with Trump by releasing the intelligence agencies’ report on Khashoggi. It showed unequivocally that MBS was responsible for the killing of the Virginia resident in the Saudi consulate in Istanbul. Blinken announced the new “Khashoggi Ban” that would prohibit government agents who target dissenters from entering the US.
It was a good step, but Biden didn’t follow through. The formal ban was implemented against 76 Saudis but not the prince himself. Critics say true accountability would have meant putting MBS on the banned list. MBS hasn’t visited the US since Trump, but that relates to an implicit policy of distancing him, not a formal declaration that he’s banned. (MBS’s brother, who was reportedly involved in the Khashoggi operation, quietly visited the White House in July.)”
…
“On the campaign, Biden said he would stop supporting the war in Yemen. More than 375,000 Yemenis had died by the end of last year, and the devastating death toll led Obama alumni to take responsibility for supporting the 2014 Saudi invasion. The State Department says it is working with Saudi Arabia to end the war in Yemen.
Last February, Biden ended “offensive” support for the war. Yet last month the Senate, with White House encouragement, approved a $650 million arms sale to the kingdom for “defensive” weapons to Saudi Arabia, a distinction that many experts reject.”
…
“Biden has made one big move: He won’t talk to MBS directly. The president, thus far, has only held phone calls with his father, King Salman bin Abdulaziz Al Saud. This has reportedly angered MBS. But it’s an insufficient form of retribution. “The big punishment for murder and dismemberment of a journalist is you don’t get to meet the president yourself? You can meet with anyone else and get all the weapons you need,” said Andrea Prasow of the Freedom Initiative. “The consideration of human rights is not integrated into US policy. It’s an add-on.”
Why is there so much hedging in US policy toward Saudi Arabia, even when the Biden administration has set out to shake things up?”
…
“The Biden team now seems resigned to a close relationship with Saudi Arabia in order to achieve its own policy objectives, like cheap gas prices and an accord with Iran.”
“what’s really worth paying attention to are Biden’s goals for offshore wind power, which is an important energy source for regions like the northeastern US that lack the space and ample sunlight that solar energy depends on. It’s here that the new plan goes from mundane to ambitious, and it may be an indicator of how the administration intends to address issues related to climate change, energy, and jobs at the same time.”
…
“As of today, the US has only seven offshore wind turbines — five in a wind farm off Rhode Island’s Block Island, and two more set up as tests in Virginia. But on February 23, the federal government will auction offshore wind leases to utilities or offshore wind energy developers in an ocean region called the New York Bight, off the coasts of New York and New Jersey. The holders of those leases will then be able to set up wind farms in the area that generate up to 7 gigawatts of energy — enough to power about 2 million homes — which would require 600 to 700 turbines.”
…
“Those 600 or 700 wind turbines will require people to build turbine components, ship them out to sea, and maintain them once they’re set up. To make that happen, the White House and Transportation Department are aiming to create nearly 80,000 offshore wind-related jobs by 2030 by investing in ports across the Eastern Seaboard — some as far inland as Albany, New York, from where turbine parts will be shipped down the Hudson River to the New York Bight.”
…
“The turbines, fishers say, could negatively affect marine life. They’re also concerned that turbine towers may interfere with radar, while no-sail safety zones in the vicinity of turbines may affect their ability to reach fishing areas. The long-term impacts of wind turbines on marine life still aren’t clear, but a study in Europe’s North Sea showed turbine bases may act as artificial reefs for animals like mussels. Late last year, the Energy Department awarded Duke University a $7.5 million grant to study offshore wind’s impact on marine life, the results of which should provide a fuller picture of how turbines might affect fisheries. In the meantime, the federal Bureau of Ocean Energy Management is looking for workarounds, which is why the sale notice for the New York Bight includes provisions aimed at helping fishers, such as 2.8-mile-wide transit lanes for fishing vessels.”
…
“The challenges don’t end there: Even if the wind turbines do get built, and even if their potential impacts on marine life are minimized, there has to be somewhere for the energy they produce to go. Transmission lines — those high-voltage cables you see strung up on steel struts across vast stretches of the country — are usually built by regional transmission organizations, and Jacobs says there might not be enough of them to carry all the energy produced by those new turbines.
This is exactly the issue Germany faced in 2020, when a lack of transmission capacity in Northern Germany meant the region had to send some of its wind power to neighboring countries instead. “They had a whole lot of offshore wind arrive at the beach,” Jacobs said. “And then the German utility industry said, ‘Oh, we hadn’t really prepared for this.’”
The Biden administration seems to want to avoid having a similar situation happen in the United States. That’s why the Bipartisan Infrastructure Law includes funding for transmission lines, and the administration announced the Energy Department is launching an initiative called Building a Better Grid that will act as a sort of central planning authority for grid improvements. But it’s unclear if that transmission buildout will happen by the time offshore wind gets up and running in the New York Bight — and the administration makes no mention of distribution lines, or the lower-voltage wires that bring electricity to homes and businesses. Those are usually built in the US by local utilities, explained Kyri Baker, assistant professor of engineering at the University of Colorado Boulder, and they’re often only replaced once they become completely inoperable.”
“Thousands of Haitians are indefinitely trapped in Mexico. They face pervasive racism, and many are unable to work, have no access to medical care, and are targets for criminals. Most have arrived in the last year, hoping that the Biden presidency would open up an opportunity for them to finally seek protection in the US.
Those hopes were in vain. Now, Mexico is seeing a sharp uptick in Haitian asylum applicants — a surge it is unequipped to manage — all because the United States has offloaded its immigration responsibilities onto its neighbor.
The Biden administration continues to enforce pandemic-related border restrictions that have kept out the vast majority of asylum seekers, including Haitians; it’s deported nearly 14,000 Haitians since September 2021 despite their country’s political and economic crises. As a result, many Haitians face a difficult choice: Try to cross the US border and risk getting deported to Haiti if caught, or attempt to make a life for themselves in Mexico, at least temporarily.”
…
“President Joe Biden did allow more than 100,000 Haitians already living in the US before July 29, 2021, to apply for Temporary Protected Status, which allows them to live and work in the US on a temporary basis. But he has largely pursued a strategy of deterrence and exclusion with respect to Haitian migrants outside US borders, despite the fact that their country is still reeling from President Jovenel Moïse’s assassination and the one-two punch of a 7.2-magnitude earthquake and a tropical storm last summer.”
…
“The US could have made other choices that would have eased the burden on Mexico. For example, the Biden administration could have expanded TPS for Haitians or allowed them to enter the US temporarily on what’s called “parole,” a kind of temporary protection from deportation. It could have ended its deportation flights to Haiti and its restrictive border policies, or at least created broader exemptions to them. Instead, it has dumped its responsibilities to Haitians onto Mexico, which is ill-equipped to give them the kind of support they need.”
“The evolution of the Big Lie was the product of a vast catalog of politicians, pundits, true believers and benefactors financing and promoting claims of voter fraud and efforts to overturn the election. This includes lawyers like Lin Wood and Sidney Powell who filed pro-Trump lawsuits, Republican politicians who actively embraced the Big Lie like Georgia Rep. Jody Hice (whom Trump has endorsed in the race for Georgia secretary of state) and others who, while not embracing the Big Lie, refused to condemn it. It included political action committees and conservative groups that financed these efforts. And it included alt-right personalities like Steve Bannon and Mike Lindell, who have amassed huge audiences as they continue to promote the Big Lie.”
“Many of the meat-industry problems the Biden administration identifies as in need of fixing are very real. For example, the administration says meat prices are through the roof. That’s true. The administration says the meatpacking industry is highly consolidated, with just four giant companies responsible for slaughtering and processing nearly 7 out of every 8 pounds of beef (and slightly lower amounts of pork and poultry) we eat every year. That’s true, too. (It was also largely true 20 years ago and 100 years ago.) The Biden administration has also argued large meatpackers have been busy “raising prices, underpaying farmers—and tripling their profit margins during the pandemic.” Also true.
The Biden administration believes meat prices are sky high due largely to this industry consolidation and lack of competition.”
…
“the real obstacle that’s preventing ranchers and farmers that utilize these facilities from supplying more meat to more Americans is an outdated federal law that props up the large processors while preventing local meat producers from selling steaks, roasts, and other cuts of meat to consumers in grocery stores, at farmers’ markets, and elsewhere in their communities.”
…
“farmers and ranchers who want to sell their meat commercially (or for it to be re-sold) in this country must have their livestock slaughtered in USDA-inspected (or state equivalent) slaughter facilities, where an inspector must be present and inspect every animal that’s slaughtered. In order to be sold commercially, meat from those same animals also must be processed (cut into steaks, ground up, cured, etc.) in a USDA-inspected processing facility. There’s a shortage of slaughter and processing facilities available to most small farmers and ranchers, and many plants are owned by a handful of large companies that don’t cater to those farmers and ranchers. As all this suggests, the current system poses a giant hurdle to many small farmers and ranchers.”
…
“As a fix, the Biden administration proposes, under a wordy header announced this week—the Biden-Harris Administration’s Action Plan for a Fairer, More Competitive, and More Resilient Meat and Poultry Supply Chain—to give $1 billion to smaller meat processors so that they can ramp up their production efforts, which would in theory provide farmers and ranchers with more choices for slaughter and processing. The plan also includes other elements, including “launching a new portal to allow farmers and ranchers to report unfair trade practices by meatpackers.””
…
“The USDA has been aware of many of the aforementioned problems with its meat-inspection scheme for decades. As I explain in my book, Biting the Hands that Feed Us: How Fewer, Smarter Laws Would Make Our Food System More Sustainable, when the agency commissioned a study 10 years ago to look at ways to streamline these regulations, the authors of the study concluded “that no one with the USDA or . . . working as professionals within the meat industry believe[s] that streamlining regulations will ever occur.”
Righteous pessimism hasn’t stopped people who care about small farmers and the livestock they raise from trying to come up with various fixes. The PRIME Act, a tremendous bill that has repeatedly failed to pass Congress, would, I explained in a piece in the The Hill in 2018, “provide states with the option to regulate livestock slaughter and sale within their borders.” Local solutions exist, too, but the federal government largely ignores or seeks to undermine them. States such as Wyoming and Colorado that have sought to use federal law to foster more local competition have bumped up against threats from overzealous USDA bureaucrats.”
“Border Patrol apprehended more than 45,000 Haitians at the U.S.-Mexico border during the fiscal year that ended on September 30—an increase of more than 530 percent from the 4,395 Haitians apprehended in fiscal 2020. More than 17,000 arrests occurred in that final month alone, after the July assassination of Haitian President Jovenel Moïse and a magnitude 7.2 earthquake in August. But as camps of Haitians at the southern border continued to grow and the humanitarian crisis in gang-infested Haiti worsened, U.S. immigration policy stayed the same.
Although Biden presented himself as the immigration antithesis of former President Donald Trump, his administration has invoked Title 42, a public health provision that allows the government to expel migrants upon arrival instead of allowing them to claim asylum, as U.S. immigration law ordinarily allows them to do at any port of entry. Trump invoked Title 42 in March 2020 at the start of the COVID-19 pandemic. Biden has not reversed that policy, despite the advent of COVID-19 vaccines.
“Our borders are not open,” U.S. Secretary of Homeland Security Alejandro Mayorkas warned in September. “People should not make the dangerous journey.””
“No one has ever elected Matthew Kacsmaryk to anything.
Kacsmaryk, whom former President Donald Trump appointed to the federal bench in 2019, was previously a lawyer for a Christian right law firm. He once claimed being transgender is a “mental disorder” and that gay people are “disordered.” He’s also one of the most powerful immigration officials in the country, having successfully wrested control of much of America’s border policy away from the man Americans elected president in 2020.
With the Supreme Court’s blessing, Kacsmaryk ordered President Joe Biden’s administration to reinstate Trump’s “Remain in Mexico” policy, which requires many asylum seekers who arrive at the United States’ southern border to stay in Mexico while they await a hearing.
Even if you ignore the moral implications of reinstating such a policy, there are good reasons to doubt that the policy is a good use of America’s limited border security resources. And Kacsmaryk’s decision is also unlawful for numerous reasons.
One of the most important reasons is that it upends the balance of power between the president and unelected judges. Reinstating the Remain in Mexico program requires the Mexican government’s cooperation — which means that Kacsmaryk ordered the United States to change its diplomatic stance toward Mexico. And that’s despite decades of warnings from the Supreme Court that judges should be “particularly wary of impinging on the discretion of the Legislative and Executive Branches in managing foreign affairs.”
Kacsmaryk’s decision, and the Supreme Court’s decision to stand with Kacsmaryk against President Joe Biden, is one of the most dramatic examples of the Republican-controlled federal judiciary’s many conflicts with America’s Democratic president. But it’s hardly an isolated incident.
In just four years as president, Trump remade the federal judiciary — all with a big assist from a Senate Republican leader willing to break any norm in order to ensure GOP control of the courts. Trump appointed a third of the Supreme Court and nearly a third of all active appeals court judges. He also peppered federal trial courts with conservative activists like Kacsmaryk, who are eager to overturn some of the most fundamental assumptions of US law.
Nearly one year into Biden’s time in office, the result hasn’t exactly been a bloodbath for his policies — in contrast to the seemingly never-ending array of lawsuits seeking to repeal Obamacare, no federal judge has yet tried to repeal Biden’s major legislative accomplishments such as the American Rescue Plan or the Infrastructure Investment and Jobs Act. But in two areas in particular, immigration and public health, the courts have been unusually aggressive.”
…
“if the Supreme Court wanted lower-court judges to stop ignoring precedents that permit President Biden to govern, it could intervene to stop them from doing so. Instead, it has rewarded many of the most aggressive conservative innovators within the judiciary.”