“Now that Title 42 has ended, migrants apprehended at the border are subject to what’s called “Title 8” processing, which, as the Biden administration has emphasized, carries more severe long-term consequences for those found ineligible for legal protections, including asylum.
Under Title 42, migrants who were turned away were not penalized for crossing the border without authorization, and in many cases attempted to reenter multiple times. But under Title 8, migrants found ineligible for legal protections are barred from reentering the country for at least five years and can be quickly deported through a process called “expedited removal” without ever appearing before an immigration judge. And if they do try to reenter, they can face criminal prosecution.
Biden administration officials are hoping that the new system serves as deterrence to migrants thinking about crossing without authorization and instead encourages them to pursue new legal pathways to the US.”
…
“Biden has expanded lawful pathways for migrants to come to the US with the aim of reducing pressure on the southern border. The Biden administration has already created a program under which the US-based family members of migrants from Venezuela, Haiti, Cuba, and Nicaragua — who have arrived in increasingly large numbers at the southern border in the last year — can apply to bring them to the US legally.
The administration has outlined a plan that involves opening new processing centers in Central and South America where migrants can apply to come to the US, Spain, or Canada legally. It’s unclear, however, when those processing centers will open. It has also pledged to accept 100,000 people from El Salvador, Guatemala, and Honduras under another family reunification program.
Some of those programs have proved successful. But they’re still not enough on their own to meet the current need for legal migration channels, after years in which Trump administration policies created pent-up demand, said Doug Rivlin, a spokesperson for the immigrant advocacy group America’s Voice.
“That’s not enough. And it can’t replace the need to have a functioning asylum system at the border,” he said.
To that end, the administration is also planning to speed up processing on the border, quickly identifying individuals who have valid asylum claims and turning away those who don’t.”
“New plans pushed by President Joe Biden are hardly what one might call migrant-friendly: The plans slowly expand tools for would-be immigrants to apply to come here legally (with no guarantees, of course) while making it much more difficult for those who actually try to cross the border to get legal status.
To the former point, Biden says the U.S. will set up more Regional Processing Centers where migrants can apply for legal immigration status in the U.S., Canada, or Spain from within Latin America, rather than simply show up at the U.S-Mexico border.
Regional Processing Centers are “designed to cut smugglers out of the equation by giving people access to protection and legal pathways earlier in their migration journey, and eventually before they cross international lines at all,” notes Andrew Selee at the Migration Policy Institute. However, “little is known as yet about how these centers will function in practice,” and “they will only exist in embryonic form, if at all, by the time Title 42 ends.”
Meanwhile, Biden has enacted new restrictions for asylum-seekers as well. These include “the adoption of stricter asylum rules that make it harder to get protection in the United States for those who have crossed the border unlawfully,” notes The New York Times:
“Under the old system, which critics called “catch and release,” many migrants who reached the United States would ask for asylum and be allowed to remain in the country until their case was resolved in immigration court.
The Biden administration’s new rule presumes that those who do not use lawful pathways to enter the United States are ineligible for asylum when they show up at the border. Migrants at the border can rebut this presumption only if they sought asylum or protection in another country through which they traveled en route to the United States and were denied safe haven there, or if they can demonstrate exceptional circumstances, such as a medical emergency.
They may have a phone interview from a border holding facility with an asylum officer, and can be quickly deported if they are found ineligible to apply. Unlike under Title 42, they will receive a permanent mark on their record that bans them from entering the United States for five years, and could face criminal charges.””
“Hundreds of active-duty U.S. troops are descending on the Mexican border this week, but they’re not authorized to make arrests, use their weapons or do much more than administrative work.
That’s making the military deployment — timed for the end of pandemic-era immigration restrictions — a classic no-win political situation for the Biden administration, which is getting hit from at least one prominent Democrat for perpetuating Trump-era militarization of the border, and from Republicans who say the mission will be utterly ineffectual.”
…
“Biden is responding to the expected end of Title 42, which has allowed the U.S. to deny asylum and migration claims for public health reasons. Officials say the expiration of Title 42 on Thursday will prompt an influx of Central Americans into the U.S.”
…
“Officials say they would have preferred to rely on law enforcement agents for the mission, but the Department of Homeland Security is short on people and money. So the administration is turning to what they have now, which is 1,500 active-duty troops. And officials say they will be there for only 90 days, until law enforcement can find contractors to do the work.”
…
“The 1,500 troops Biden is sending will be armed for self-defense only and are not authorized to use force, make arrests or otherwise act in a law enforcement role. This is in keeping with the Posse Comitatus Act, which prevents the active-duty military from enforcing the law inside the United States.
“Military personnel will not be permitted to support migrant processing and escort duties or other activities that involve direct participation in civilian law enforcement activities, be responsible for property seized from migrants, or require direct contact with migrants,” according to a statement from U.S. Northern Command.
Instead, they will be performing administrative tasks such as data entry, warehousing, and additional detection and monitoring support to free up Border Patrol agents to deal with the migrants.
They are joining 2,500 National Guard troops on active-duty status — also subject to Posse Comitatus — already doing similar work at the border since July 2022.
By contrast, Trump granted active-duty troops the authority to protect law enforcement agents if they engaged in violence in November 2018, a controversial move that put the military in direct contact with migrants.”
…
“Part of the reason Trump sent troops to the border in 2018 was to help build his long-promised wall along the Mexican border. The Pentagon was directed to send members of the Army Corps of Engineers to help lay miles of concertina wire and erect other barriers and fencing.”
…
“Trump also shifted billions meant for military infrastructure projects to finance the border wall. The move drew bipartisan opposition, but Congress wasn’t able to muster the support to stop Trump.
Biden canceled the project when he took office, but kept the National Guard presence on the border for other support missions.”
“Florida legislators are considering several bills that would target undocumented immigrants and the Floridians who interact with them. One of the more controversial measures, which is wrapped into Senate Bill 1718, would make it a third-degree felony for Floridians to conceal, harbor, or shield—or transport “into or within” the state—a person who they know “or reasonably should know” is in the United States unlawfully.
“With this legislation, Florida is continuing to crack down on the smuggling of illegal aliens,” said Republican Gov. Ron DeSantis. State Sen. Blaise Ingoglia (R–Spring Hill), who introduced S.B. 1718, said the bill “should be the model for all 50 states going forward.”
S.B. 1718’s supporters have painted the bill as a way to protect Floridians and their rights. But some religious officials in Florida are worried that if S.B. 1718 passes, their work with undocumented immigrants could be criminalized—something they say would represent a violation of their religious liberties.
Joel Tooley takes issue with the bill being framed as an anti-trafficking effort. Tooley is a pastor at Melbourne First Church of the Nazarene and a consultant with the Evangelical Immigration Table, a coalition of evangelical churches and organizations that advocates for immigration reform. S.B. 1718 “is actually a bill that criminalizes normal activities that are irrevocably natural expressions of the work people do as a response to their spiritual calling to show compassion for those in need,” he tells Reason.”
…
“Federal law already prohibits people from transporting undocumented immigrants “in furtherance of such violation of [immigration] law,” but S.B. 1718 has a lower threshold, applying to more routine activities. The bill would make it a third-degree felony for someone to transport or harbor an undocumented immigrant that they know or suspect is undocumented. Under Florida law, that would be punishable by up to five years in prison (and up to 15 years if the transported migrant is a minor). The bill wouldn’t apply to migrants who overstayed their visas.”
“DeSantis. In his 2023–24 budget, announced on Wednesday, the governor requested $12 million to continue his “initiative to protect Floridians against the harms resulting from illegal immigration by facilitating the transport of unauthorized aliens.” The $12 million would be used “to cover all costs associated with facilitating the transport of inspected unauthorized aliens, including, but not limited to the costs of litigation.”
The request mirrors a provision in the 2022–23 budget that funded “a program to facilitate the transport of unauthorized aliens from this state consistent with federal law” (emphasis added). This time, DeSantis wants to transport migrants “from any point of origin in the U.S. to any jurisdiction.” Spending taxpayer money to protect Floridians, in other words, need not involve anything actually taking place in Florida.”
“Biden announced a new carrot-and-stick immigration framework that would welcome tens of thousands of migrants to the U.S. each month and step up expulsions for unauthorized border crossers. David J. Bier, associate director of immigration studies at the Cato Institute, told Reason at the time that he expected “a meaningful reduction in unlawful crossings by incentivizing people to wait for the legal option to become available to them.””
…
“According to CBS, unlawful crossings at the border dropped by 40 percent in January—”the lowest levels of illegal migration along the U.S.-Mexico border since President Biden’s first full month in office in February 2021.”
Biden does deserve credit for recognizing that more opportunities for legal immigration mean fewer people are driven to migrate illegally. He could have also mentioned, but didn’t, another thing he’s done right: The plan’s private sponsorship aspect allows ordinary citizens to sponsor Nicaraguans, Cubans, Haitians, and Venezuelans.
He also neglected to mention a big thing he’s done wrong. As migrant arrivals swelled, Biden leaned into Trump-era policies that made the problem worse.
His administration upheld President Donald Trump’s Title 42 order, which has allowed federal immigration officials to immediately expel migrants, ostensibly in the name of stopping COVID-19. Since Title 42 carries no reentry penalty, repeat crossings have ballooned, artificially inflating the number of repeat encounters. The American Immigration Council has noted that from FY 2021 through April 2022, one in three border encounters “was of a person on their second or higher attempt to cross the border.””
…
“Yet while the president says he supports “comprehensive immigration reform,” his record paints a murkier picture. “Biden has enacted rules that shut countless farmers and small businesses out of the visa programs they depend on,” notes Sam Peak, an immigration policy analyst at Americans for Prosperity. “The fees and bureaucracy alone cost roughly $10,000 to hire just one farm worker….Biden insists on adding more red tape to these programs and fueling a black market for illegal immigration.””
“The framework will triple refugee resettlement from Latin America and the Caribbean in 2023 and 2024, for an annual cap of 20,000. Each month, up to 30,000 migrants combined from Venezuela, Nicaragua, Haiti, and Cuba may come to live and work in the U.S. on a two-year status if they secure an American sponsor and pass background checks.
Meanwhile, the White House says “individuals who irregularly cross the Panama, Mexico, or U.S. border after the date of this announcement will be ineligible for the parole process and will be subject to expulsion to Mexico,” which will accept up to 30,000 migrants monthly from Venezuela, Nicaragua, Haiti, and Cuba who have been expelled. Mexico will do so under an expansion of the pandemic-era Title 42 order, which allows for the immediate expulsion of border crossers. Previously, Mexico only accepted Mexicans, Guatemalans, Hondurans, and Salvadorans removed under Title 42. (It recently began accepting expelled Venezuelans as well.) Unauthorized migrants “will be increasingly subject to expedited removal to their country of origin and subject to a five-year ban on reentry,” according to the White House.
Certain aspects of the framework will likely help reduce the number of migrants arriving at the U.S.-Mexico border, which has been a great challenge for the Biden administration so far. Under the new parole pathway, migrants can begin the process to secure legal passage to the U.S. from their home countries rather than doing so through an asylum claim (which can only be initiated at a port of entry or on U.S. soil). This could help save them a dangerous northward journey and reduce overcrowding at the border.”
…
“The pathway for Nicaraguans, Cubans, and Haitians mirrors similar programs established for Ukrainians and Venezuelans last year. Those programs helped reduce unlawful crossings among those groups, says Bier: “The Ukrainian parole program eliminated migration to the U.S.-Mexico border by Ukrainians. Venezuela’s program has already turned migration to be mostly legal.” Last summer, Customs and Border Protection reopened ports of entry to Haitians, which “basically ended illegal immigration by Haitians,” Bier explains.”
“The city spent $366 million on services for asylum seekers last year, and Adams expects that sum to rise to $2 billion through June. Thus far, New York City has received just $8 million from the Federal Emergency Management Agency and $2 million from Senate Majority Leader Chuck Schumer.
“This is a national crisis. FEMA deals with national crises. FEMA must step up, and there should be one coordinator to coordinate everything that is happening dealing with migrants and asylum seekers in our country,” Adams said.”