Lone Candle
Champion of Truth
“The new policy — which would allow federal officials to suspend asylum claims between designated ports of entry if crossings exceed an average of 2,500 per day over a week — is aimed at deterring large numbers of people from trying to enter the United States and give the government additional tools to more swiftly remove certain migrants from the country.”
https://www.politico.com/news/2024/06/04/biden-crackdown-immigration-economy-00161618
““When we take administrative actions as we have done a number of times, we are challenged in court. Legislation is the enduring solution,” Mayorkas told CNN’s Dana Bash. “And by the way, we can, not, through administrative action, plus up the United States border patrol, customs and border protection by 1,500 personnel like this legislation proposes; we cannot through administrative action add 4,300 asylum officers so that we can work through the backlog and turn the system into an efficient and well working one, which it hasn’t been for more than three decades.”
Legislation seems unlikely to pass in a divided Congress, particularly after House Republicans tanked a bipartisan border bill negotiated in the Senate, with Speaker Mike Johnson declaring it dead on arrival.”
https://www.politico.com/news/2024/03/03/mayorkas-executive-orders-migrant-crisis-00144585
https://www.youtube.com/watch?v=2dQ4-VNaG3s
“”Examining 100 years of Border Patrol apprehensions data finds none of the three U.S. periods with a significant decline in illegal immigration were due to enforcement policy,” found a May National Foundation for American Policy (NFAP) report. Most recently, after the Biden administration introduced targeted sponsorship programs to benefit Venezuelans and nationals of three other countries, encounters with those groups fell by 95 percent between December 2022 and March 2023, according to NFAP. The Cato Institute, parsing data from Customs and Border Protection and other sources, found that ending the pandemic-era Title 42 order—which allowed federal immigration agents to immediately expel migrants—halved “successful covert illegal immigration.””
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“If none of that is convincing, take it from federal immigration officials. “It would break the border,” one Department of Homeland Security (DHS) official told NBC News. A former DHS official warned that by mandating the detention of all border crossers, facilities might run out of space, and Immigration and Customs Enforcement might hypothetically “have to detain families instead of detaining a single adult male accused of rape.””
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“It’s hardline measures and a lack of workable legal pathways—not the president’s “open border policies,” as many critics charge—that have made the border unmanageable. If lawmakers are serious about reducing pressures at the border, they should look to proven methods, such as expanding guest worker programs and private sponsorship schemes.
As the border discussions stand, these ideas aren’t on the table. Instead, decision makers in Washington have proven all too willing to embrace what could be long-lasting—and what would certainly be costly, inhumane, and ineffective—changes to the immigration system.”
https://reason.com/2023/12/15/restricting-asylum-will-cause-more-border-chaos/
https://www.vox.com/policy/2023/9/26/23875580/new-york-city-migrant-crisis-influx-eric-adams
“To deter potential migrants once the order is lifted, the administration will rely on a new rule that will bar most people from applying for asylum if they cross the border illegally or fail to first apply for safe harbor in another country. Administration officials said the rule — a version of a Trump-era policy often called the “transit ban” — would be published Wednesday for public inspection. Migrants who get an appointment through the One app set up by Customs and Border Protection will be exempt, officials told reporters in a call Tuesday evening.
The administration will also expand expedited removal processes under Title 8, the decades-old section of the U.S. code that deals with immigration law. This allows the government to remove from the country anyone unable to establish a legal basis — such as an approved asylum claim. It would bar these migrants from the country for five years.
“The border is not open, it has not been open, and it will not be open subsequent to May 11,” Homeland Security Secretary Alejandro Mayorkas said during a press conference Friday.”
“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.”
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“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.””