America’s asylum system is broken. Here’s how Biden could fix it.

“The US can anticipate these spikes, which are symptoms of the ongoing humanitarian crisis in Central America’s “Northern Triangle” — Guatemala, Honduras, and El Salvador. For years, these countries have suffered from gang violence, government corruption, extortion, and some of the highest rates of poverty and violent crime in the world. The pandemic-related economic downturn and a pair of hurricanes late last year that devastated Honduras and Guatemala, in particular, have only exacerbated those longstanding problems. Many of the migrants arriving on the southern border, sometimes in large caravans, likely felt they had no choice but to seek refuge elsewhere”

“The US doesn’t have a system in place to ensure that migrants are treated humanely and in accordance with federal law when these spikes occur. Children have consequently been kept in jail-like holding facilities operated by US Customs and Border Protection beyond the 72-hour legal time limit. That is why the Obama administration, the Trump administration, and the Biden administration have been condemned for keeping “kids in cages.””

“several immigrant advocacy groups and think tanks have devised potential frameworks to improve migrant processing. Republican Sen. John Cornyn and Democrat Sen. Kyrsten Sinema have also drafted a bill that would implement related reforms, though it’s not clear whether the legislation will draw significant support from members of either party. Those strategies will become all the more important as the Biden administration begins to lift pandemic-related restrictions at the southern border and resumes processing migrants en masse.”

The US is telling migrants “don’t come.” They might not be listening.

“Migrants typically get information about the conditions on the border from people in their network who have successfully made the journey, rather than from top-down declarations from US officials. Smugglers have also sought to spread misinformation about the Biden administration’s plans to process asylum seekers. Immigrant advocates on the border have reported hearing rumors spreading that migrants staying in certain camps will be processed or that the border would open at midnight.

These rumors have survived on the hopes of people who have long aspired to migrate. Many of the people arriving on the southern border are fleeing dangerous or unlivable conditions and felt they had no choice but to leave their home countries.”

Biden Keeps Another Trump Border Policy in Place

“Biden has continued much of the Trump administration’s approach to immigration: separating families, overfilling detention facilities, and plainly telling people to stay away. One such holdover policy is Title 42.

Invoked by Trump in March 2020, Title 42 is a section of the Public Health Service Act that grants federal health officials broad discretion to enact disease mitigation measures. The Centers for Disease Control and Prevention (CDC) used it to issue an order barring certain kinds of arrivals to the U.S. borders with Mexico and Canada while permitting other forms of international movement to continue. It allows Customs and Border Patrol (CBP) officials to expel migrants immediately upon arrival.”

“Migrants expelled from the U.S. under Title 42 face hostile conditions similar to those subjected to another Trump policy, the Migrant Protection Protocols (MPP). Known as “Remain in Mexico,” MPP relegated asylum seekers south of the border while they awaited decisions in their immigration cases. There, many faced murder, rape, and torture. Biden did away with the policy just weeks ago, but his continued operation of Title 42 contradicts his campaign promise to “restore our asylum laws so that they do what they should be designed to do.”

Those dangers to migrants continue under Biden. “These individuals are being pushed back into very dangerous environments in northern Mexico,” says Zak. “Migrants are at very serious risk of being exploited by gangs and traffickers.” He adds that “Human Rights First has documented 492 instances of publicly reported attacks and kidnappings against asylum seekers in Mexico since Biden took office,” many against those expelled under Title 42.

In spite of this harsh approach, Title 42 has likely exacerbated the very issue it sought to tackle: the high volume of asylum seekers crossing the border. Zak says that the recidivism rate—individuals who were apprehended, expelled, and apprehended again by CBP—has “skyrocketed.” That rate “tended to hover around 10 percent” prior to Title 42 and has hit 38 percent as of May 2021. Zak says this is partially because “individuals (particularly single adults) are expelled extremely quickly,” thus encouraging multiple crossings. There is also no formal penalty for repeat crossings under Title 42. With that uptick in mind, the reasons for increased apprehensions at the border become clearer—and Biden’s approach to immigration less so.”

What’s going on at Joe Biden’s Border!?

“there are a lot of factors that have nothing to do with Biden pushing migration higher. However, the level of increase, and evidence from on the ground, make clear that Biden is also a factor. I’ll split the Biden effect into two related mechanisms: perceptions and policy.”

“That migrants perceived their chances as better under Biden has been attested to by several interviews of migrants. They thought Biden would let them stay, but they were misinformed…and therefore sent back. Based on some of these interviews, it seems like some migrants have really gotten their hopes up due to Biden. That’s sad. Sad because these are false hopes, and sad because nothing Biden did should have given them that much hope. Smugglers have lied to people, telling them they could get across now, but they are usually returned in disappointment. One woman wailed while being sent back across the border, “Biden promised us!” But…he did not.”

“did Biden’s foolish policies allow a massive surge of migrants? No. Biden’s role in total migration numbers is the perception of him being more open than Trump, which there wasn’t anything he could do about. On the influx of unaccompanied children, Biden policy did at least partially cause this because: by taking unaccompanied children into the country to process their claims while at the same time returning families to the border, he created an incentive for desperate people to send their children alone.

However, much of the jump in numbers isn’t the result of Biden coming or Trump leaving. The numbers follow seasonal patterns of migration. Seeing huge month to month jumps is misleading because it ignores that there are usually huge month to month jumps at this time of year. Comparing to 2020 is misleading because Covid-19 made it a suppressed year. The best comparison is to 2019, where we see migration following the same seasonal pattern under Trump.

The elevation above those numbers is likely caused by: pent up demand due to Trump and Covid restrictions keeping people out and at the Mexican border, people crossing multiple times because they’re sent directly to the border rather than being fully processed due to Covid protocols, push factors like two record breaking hurricanes and Covid, as well as the perception that Biden would be nicer to migrants.

As far as criticisms of Biden go, this has nothing to do with open border policies because Biden doesn’t have open border policies. This has nothing to do with Biden advertising himself as opening the borders because he has been doing the opposite. Big general criticisms that blame this surge on Biden are nonsense. Criticisms more focused on removing remain in Mexico or on allowing unaccompanied children across the border but not families, may be valid, but these policy changes didn’t cause the current surge in migration.”

What’s going on at Joe Biden’s Border!?–Video Sources

Joe Biden’s immigration agenda overshadowed by migrant challenges in first 100 days Rebecca Morin. 4 29 2021. USA Today. https://www.usatoday.com/in-depth/news/politics/2021/04/29/bidens-100-days-immigration-agenda-overshadowed-migrant-challenge/4821671001/ Biden to push citizenship for US illegal immigrants in speech despite surging border crisis Steven Nelson. 4 28 2021. New York Post. https://nypost.com/2021/04/28/biden-to-push-citizenship-for-illegal-immigrants-in-speech-amid-border-crisis/

There’s an Immigration Crisis, But It’s Not the One You Think

“There’s the crisis of unaccompanied minors arriving in the U.S., of too few beds to house them and of family separations happening in Mexico. There’s the crisis of an asylum system that’s broken, and that has become, with most other legal routes into the country severely restricted, America’s de facto immigration system. There’s the crisis of overflowing communities on the Mexican border, populated by people expelled from the U.S. There’s the crisis of immigration courts that take too long; of virtually no work visas available for Central Americans; of economies in Honduras and Guatemala that have been ravaged by Covid-19, a recession, and two hurricanes within the past year; of the misconception all this can be solved by better enforcement at the border; of a political system in the U.S. that seems unable to rise to the enormity of the challenge.

Right now, the number of unauthorized immigrants crossing the border is lower than it was in the early 2000s. It’s lower than in 2019”

“What there is not is a crisis of migrants — at least not yet. There’s not a crisis of large numbers of unauthorized migrants staying in the U.S., as we saw in 2019, 2016 and 2014. There have been periods where the government took people in and released them into the U.S. in large numbers. That’s not happening right now because of the [pandemic-era] public health order, which allows the U.S. to expel people more quickly.”

“Every time we beef up enforcement, or do something slightly more draconian, it works for a while, and then, sooner or later, people find a way around it. Enforcement works if it pushes people into real legal [immigration] channels. But if there are no legal channels, then people will just keep finding their way around enforcement.”

“Every two or three years, we get a spike of migrants coming to the U.S.-Mexico border. Yet we deal with this each time as though it’s a separate incident that can be controlled, rather than looking at the larger forces at play. There’s something long-term here that we should deal with. So maybe it is a crisis, but it’s within a larger crisis that needs to be managed and has been going on for a long time.”

“the immediate crises. Unaccompanied minors: [The federal government] made the decision to allow them in without yet having the capacity to be able to house all of them. In the immediate term, they just have to figure out bed space—it’s literally that. They can figure that out, they just haven’t yet in ways that meet the needs of a vulnerable population. That’s resolvable. There’s also a really big policy question with long-term play-out: An open-ended policy of taking in any minor and putting them in the long-term process in the U.S. is likely to encourage even larger flows [of unaccompanied minors] in the future.

[The federal government] needs to make sure they can continue to expel newly arriving families and adults to Mexico. Even though the Biden administration doesn’t want to, they need to do it to buy time. There are a lot of things they’d like to be doing on immigration policy that have nothing to do with the border. But as long as there’s a perception that they can’t control the border, they’re not going have the political space to do anything else. They need to be “tough” at the border right now and return adults and families to Mexico in an efficient way.

We need legal pathways for workers, and an asylum system that works, because we know some people are legitimately fleeing from violence. Those two things alone would make an enormous difference.

Our asylum system has become the catchall for everything. Either you can get to the border, convince people you’re being persecuted, and stay in the U.S., or nothing: You stay home, because there’s not a line for you to get into if you’re from Central America and want to come and work. That makes no sense. Asylum shouldn’t be used [to give] labor pathways. Where we should be headed is creating two different paths: one for people who clearly are motivated by the need to leave their home country because of safety, and another for people aspiring to make their lives better by making more money.

The way you fix the asylum system is by taking it out of the hands of the immigration courts and putting it in the hands of asylum officers at the border. Immigration courts are actually quite uneven because they’re political appointments, so their decisions tend to be all over the place depending on which judge you get. Asylum officers can make decisions quickly, tend to be fairly consistent, are efficient, and you can hire them much more easily.”

“we also need a legal pathway for people who want to come and work. For Mexicans who want to work in the U.S., there’s an actual line to get into. We don’t have that for Central Americans.

One of the reasons why Mexican migration [to the U.S.] went down so much after 2007 is that there are about 260,000 people every year who come from Mexico to work legally in the U.S. and go back home. In 2019, the comparable number [for Central Americans] was 8,000; last year, it was about 5,500. There really is no line for a Central American to get into. But people are coming anyway, so let’s give them a chance to come legally—at least some of them. It’s what we did with Mexico, and that has kept numbers [of unauthorized immigrants from Mexico] low because they’re getting what they need: a chance to make money.”

“The demand is constantly there for people to leave and come to the U.S., but the huge surges happen when people either have a greater motivation to leave or they think they have a greater opportunity of getting into the United States. In this case, those came together.

Over the past year, there were two hurricanes in Honduras and Guatemala, plus the collapse of fragile economies because of Covid. And that created a huge demand for people to come north to the U.S. There was also an expectation around the transition to the Biden administration that made people believe that they could get in. And—probably more important than that—there is a reality that the U.S. does let some people in, particularly unaccompanied minors and some families.”

“At the border, our options are either you send people back quickly or you release them into the U.S. for the next two or three years, during which time their case goes through a very slow process in the immigration courts. What ends up happening is that if you’re released into the U.S., you almost certainly never go back [to your home country].

There’s a very reputable study that the [Department of Homeland Security] did where they looked at what happened from 2014 to 2019 with Central American and Mexican migrants. The Mexican migrants mostly got sent back pretty quickly. But 72 percent of the Central Americans who arrived between 2014 and 2019 were admitted into the U.S., and there’s no record of their departure. And if, in fact, you’re being allowed into the U.S. and there is no real process to figure out what happened to you, that’s a lousy system.”

The US is telling migrants “don’t come.” They might not be listening.

“the administration has tried to send a message to migrants: don’t come.

The Biden administration has been clear from the outset that the border is “not open” and that migrants should not come in an “irregular fashion.” The US continues to turn away the vast majority of arriving migrants under Title 42 of the Public Health Safety Act, with exceptions for unaccompanied children, some families with young children, and people who were sent back to Mexico to wait for their court hearings in the US.

In recent days, the message has gotten even sharper: “I can say quite clearly: Don’t come over,” Biden said in a recent interview with ABC. “Don’t leave your town or city or community.”

The White House has been amplifying that messaging with more than 17,000 radio ads in Brazil, El Salvador, Guatemala, and Honduras since January 21. The ads have played in Spanish, Portuguese, and six Indigenous languages, reaching an estimated 15 million people. There have also been ad campaigns on Facebook, Instagram, and YouTube, including one that features a Salvadoran who made the dangerous journey north in 2010 at age 19 and was eventually deported after arriving in Texas”

“US messaging may play some role in determining whether people migrate, but it’s only one factor among many sources of information.

Migrants typically get information about the conditions on the border from people in their network who have successfully made the journey, rather than from top-down declarations from US officials. Smugglers have also sought to spread misinformation about the Biden administration’s plans to process asylum seekers. Immigrant advocates on the border have reported hearing rumors spreading that migrants staying in certain camps will be processed or that the border would open at midnight.

These rumors have survived on the hopes of people who have long aspired to migrate. Many of the people arriving on the southern border are fleeing dangerous or unlivable conditions and felt they had no choice but to leave their home countries.

They are primarily coming from Central America’s “Northern Triangle” countries of Guatemala, Honduras, and El Salvador, which for years have been suffering from gang-related violence, government corruption, frequent extortion, and some of the highest rates of poverty and violent crime in the world.

The pandemic-related economic downturn and a pair of hurricanes late last year that devastated Honduras and Guatemala in particular have only exacerbated those more longstanding problems.”

‘The crisis is in Washington’: Overwhelmed border officials urge D.C. to act

“Biden’s critics say his messaging is squarely to blame for the thousands of migrants coming now: But more than half a dozen asylum-seekers interviewed by POLITICO said they would make the trek regardless of who was in the White House. Some of their reasons: lack of job opportunities, concern for the safety of their family and devastation from last year’s back-to-back hurricanes that walloped parts of Central America.

For Reyes, the decision came after she received threats that Meylin and Freddy would be kidnapped and killed if she didn’t pay a fee to keep them safe. She said she knew the threats were real because her husband’s friend recently was kidnapped, tortured and killed even though his family paid the ransom. (Reyes did not discuss her husband’s whereabouts.)”

“It’s also clear that the number of migrants crossing — including unaccompanied minors — has increased sharply with the start of the Biden administration.”

“This isn’t the first surge of migrants arriving at the border. It happened in 2019 under Trump. It also happened in 2014 under former President Barack Obama.”