Trump and Biden Are Right: Both Parties Are To Blame for America’s Inhumane, Broken Immigration System

“The Trump administration’s approach to immigration enforcement has been aggressive and deliberately punitive in a way that Obama’s was not. Beyond the appalling family separation policy, Trump’s sought to restrict both legal and illegal immigration in ways that no president in recent history has. He’s shifted one of America’s two major parties in a nationalist, xenophobic direction—or perhaps he owes his success to the fact that it had already shifted that direction, but that’s no better—and elevated people like Stephen Miller to places where they can set policy. That’s all horrifically bad.

But he was only able to do most of that because previous presidential administrations—not just Obama and Biden, but plenty of others before it—built a powerful leviathan dedicated to preventing the free movement of people.”

The Trump administration knew exactly what it was doing with family separations

“Trump administration officials have repeatedly denied that they pursued a policy of intentionally separating immigrant families arriving at the southern border in 2018 — depicting the separation of parents from their children as a side effect of a “zero tolerance” policy of prosecuting all border crossers.

A new draft report from a government watchdog obtained by the New York Times shows they were lying.

“We need to take away children,” then-Attorney General Jeff Sessions reportedly told five US attorneys on the border during a meeting in May 2018 (to the lawyers’ alarm), adding that if parents care about their children, they shouldn’t bring them to the US in order to seek “amnesty.””

“While former Homeland Security Secretary Kirstjen Nielsen has largely taken the blame for the policy publicly, it turns out that Sessions and his deputy Rod Rosenstein were much more directly involved in pushing for family separations than previously known.”

“Rosenstein also emphasized the policy, telling the US attorneys that no children were too young to be separated from their parents. One of the prosecutors, John Bash, decided not to prosecute two cases involving families in which the children were just babies, and Rosenstein told him he should have gone ahead.

Bash later told his staff that the cases should not have been declined: “Per the A.G.’s policy, we should NOT be categorically declining immigration prosecutions of adults in family units because of the age of a child,” he said.”

” for the duration of the zero-tolerance policy, prosecutors actually had a harder time enforcing the law in serious felony cases because they were overwhelmed in trying to prosecute every person who crossed the border without authorization. According to the report, a Texas prosecutor informed the DOJ in 2018 that “sex offenders” were consequently freed from custody. The US Marshals Service was also unprepared for the implementation of the zero-tolerance policy, meaning that it had to divert resources from serving warrants in other cases, the report said.”

“Senior Trump administration officials, including Nielsen, have repeatedly denied that they pursued a policy of family separation”

“It was later revealed that she had, in fact, signed a memo greenlighting the practice, which clearly stated that DHS could “permissibly direct the separation of parents or legal guardians and minors held in immigration detention so that the parent or legal guardian can be prosecuted.””

Trump’s Student Visa Disaster

“There are 1.2 million foreign students in the United States, enrolled in 5,300 American colleges and universities. Most come to America on nonimmigrant F-1 and M-1 visas that require them to maintain a full course load at universities approved by the Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program. In order to guard against diploma mills, the program grants accreditation mostly to universities that offer classroom instruction and usually limits foreign students to three credit hours of online instruction per semester.

When COVID-19 hit and colleges moved online, ICE did the sensible thing and allowed international students to finish their spring and summer semesters by taking their classes online without voiding their visas. The agency rescinded that guidance in early July, however, ordering international students attending online-only programs to either leave or face deportation and risk getting barred from the U.S. for 10 years. This meant several hundred thousand foreign students would have had to quickly terminate leases on apartments, uproot the lives they’ve built here, and find exorbitantly expensive flights back home without any idea of when they would be allowed to return to complete their education.

Lawsuits by Harvard University and the Massachusetts Institute of Technology prompted the Trump administration to issue new rules in late July allowing foreigners who are already enrolled to continue their studies online. But even though students who are here will be allowed to stay, the new rules will still deny visas to incoming freshmen from abroad whose universities are offering only online courses in response to the pandemic. They can either defer for a semester or begin their programs online from their home countries—a logistically challenging proposition for many due to time differences.

Roughly 80,000 people, or about 30 percent of new international students, even before the new pandemic visa rules, had decided not to come this fall, according to Brad Farnsworth, vice president of the American Council on Education. Given the political uncertainty, many of them might permanently abandon their plans to study in the U.S. and go to more welcoming countries instead.

The ban is a major hit to American universities. International students constitute 5.5 percent of all students. They pump around $41 billion into colleges annually and support nearly 460,000 jobs on campus and in surrounding communities. Many of them pay full tuition, which subsidizes the price tag for American kids. Universities also depend on foreign graduate students to assist in classroom instruction, especially in science, technology, engineering, and math (STEM) fields.

America was already facing declining international enrollment for three years straight. The administration’s move will only intensify that trend.”

The Myth of Europe’s Migrant Crisis

“While a severe migrant uptick did occur circa 2015, the influx rapidly declined to earlier levels. As economist Bryan Caplan has noted, “total arrivals from 2014 to 2018 came to less than 1 percent of the population of the European Union (E.U.). Many European countries—most notably West Germany during the Cold War—have swiftly absorbed much larger inflows in the past.” By early 2019, the European Commission officially declared an end to the “migration crisis.””

“For a sense of the scope of the fake scare, visit HOAXmap, an internet project constructed in 2016 to track rumors about refugees in Germany. The map currently features 496 rumors in the country and in nearby German-speaking nations.
In early 2018, the German paper Der Spiegel ran its own study of 445 alleged refugee rapes in 10 German states, as reported on Rapefugees.net. One-third of the incidents were filtered out because they were duplicates, broken links, or law enforcement was unaware of the purported crime.

Of the remaining 291 cases, 24 claims were false, others were “less dramatic” than rape (i.e., groping) and 29 percent of cases could not be confirmed or denied. One-third (95) involved refugee suspects. Of 57 actual rape cases, 26 involved refugee suspects, with 18 cases resulting in convictions. Each incident is serious and to be condemned. But the facts don’t support fears of epidemic levels of social breakdown caused by migrants.

Unfortunately, it is easy for people to believe rumors when the rumors match already-held fears, such as the West’s historical mistrust of foreign migrants. Real horrific events like those in Cologne make it even easier to suspend skepticism about similar—but fake—cases. But the apparent chasm between truth and rumor means we need to abandon salacious anecdotes, and instead focus on hard data before presuming there is a crisis that demands a response.”

“A Pew survey from mid-2016 showed 46 percent of Swedes believed “refugees in our country are more to blame for crime than other groups.”

But crime trends there remained steady or declined both before and after the migration explosion”

“The migrant wave’s effect on Germany’s crime rates had also been negligible, as revealed in a series of analyses of local police data from early 2016. For example, a “large majority” of refugees who are registered never show up in police records. Those from Syria, Iraq, and Afghanistan are rarely in criminal statistics. In Cologne, for example, only five of 1,100 (under 0.5 percent) registered Syrians were in trouble with the police between October 2014 and November 2015.

The German Federal Criminal Police Office (BKA) concluded in 2015 that, “on average, refugees commit as many or as few crimes as the local population.” From 2014 to 2015, the refugee population increased 440 percent, while the number of refugee crimes committed rose only 79 percent, according to the BKA. Here, there wasn’t even a correlation: While offenses increased significantly in early 2015, offenses stagnated in late 2015, precisely when “most refugees arrived in Germany.” The BKA concluded that the “vast majority of asylum-seekers [commit] no offenses.”

By 2018, although 44 percent of Germans felt less secure than they did in recent years, their government announced that crime was at a quarter-century low, while Germany’s migrant population was at a record high. As of 2019, the total number of crimes kept falling while the migrant population kept rising.

This does not mean migrants never contribute to Germany’s criminal issues. Indeed, certain immigrant areas reported significant gang problems. Moreover, North African nationals registered high criminal activity relative to the rest of the population. No doubt German law enforcement needs to take notice of these issues. But it would be a mistake to conclude from these specifics that the broader Middle Eastern migrant wave is the problem, when crime rates from certain Eastern European nationals who aren’t normally considered part of this wave are also relatively crime-prone, while nationals from Syria, Iraq, and Afghanistan are relatively crime-free. Rather, the overall picture is clear: Migrants were not a special criminal problem in Germany.”

[Sweden]: “”the number of reported rape offences has increased by 34 per cent over the last ten years (2009-2018)” because the definition of rape was legally expanded. In 2013, just before the latest European migrant wave, the definition was “expanded to include cases where the victim reacts passively.” An earlier legislative change in 2005 meant that “certain acts which were previously classified as sexual exploitation are now classified as rape.” These include sex with persons who are asleep or intoxicated.

The changing definition of rape maps much better to the data than do refugee numbers”

“When it comes to terrorism, neither migrants nor migration are the dominant part of the problem. They could, however, be part of the solution to extremist threats, especially threats from the Middle East. If the American experience is at all transferable to Europe, welcomed and assimilated Muslims could be an asset that would strengthen Europe’s security and reduce radicalism.”

Immigration Nation Brilliantly Captures the Brutal Logic Behind America’s Immigration Enforcement Regime

“Given just how secretive ICE is, Clusiau and Schwarz pulled off a small miracle by using their pre-existing relationship with an ICE spokesperson to embed themselves in the agency just when President Donald Trump assumed office. For the next three years, they followed ICE around the country, from New York to Texas to Arizona, watching agents conduct raids, debate enforcement tactics, and plot media strategy while blithely upending—and ending—lives.

The documentary, whose more incriminatory parts the Trump administration tried to suppress, opens with a pre-dawn ICE raid on undocumented immigrants in New York. The raid marks the first day of the weeklong Operation Keep Safe—whose actual purpose, contrary to its name, was to instill fear. One ICE agent gushes as he gets ready for action: “I love my job.” A Hispanic agent, on the first day of his job, is giddy: “It’s Christmas for us.” Another exults that the change of administration means “it’s a different world now” where the “floodgates have opened.”

But who exactly is getting sucked in? Not folks with serious criminal histories. ICE’s own records show that only 13 of the 225 people arrested during that operation had serious crimes on their record. The vast majority of those arrested either had committed minor misdemeanors, such as DUIs, or were that unfortunate breed called “collaterals.”

Collaterals are undocumented people who have committed only visa violations—akin to speeding in a rational world—but happened to be in the vicinity when ICE came looking for someone else. If any agent has qualms about going after them, those reservations dissolve as the pressure of filling arrest quotas kicks in. ICE agent Brian’s experience makes this abundantly clear. Just when he was expressing his distaste for the practice, he got a call from his supervisor, who tells him “I don’t care what you do” just “get me two” arrests.”

“what’s jaw-dropping is to watch ICE agents openly bend and break the rule of law in the name of…enforcing the rule of law.”

“By law, ICE agents can’t enter and arrest until they are asked in. So how did they obtain an invitation? By lying and identifying themselves as police. If someone protested on seeing who they really were, the reaction essentially was “Tricked ya!”. The agents then calmly go about the grim business of handcuffing dazed fathers (and sometimes moms) while ignoring the pleas of their shell-shocked spouses and wailing children.”

“ICE and its sister agencies terrorize immigrants not just through its enforcement squads and detention camps, but by weaponizing its bureaucracy.
In recent days, reports have surfaced that immigration authorities—in an administration allegedly dedicated to slashing red tape—have quietly adopted a no-blanks policy that rejects visa applications if any part of a form is left unfilled. If someone does not have a middle name and skips that line, their petition gets thrown out. Ditto if they leave out the apartment number because they live in a house. The strategy is to make the process so hard for people who are trying to do it by the book that they abandon their quest to live in the United States.”

“One of the most heart-wrenching stories in Immigration Nation shows how the immigration bureaucracy chews up and spits out Carlos Perez. As a police officer in El Salvador, he offered intel on Salvadoran gangs to the New York Police Department. When the gangs found out, he and his wife fled, at one point swimming across a river with their two toddlers strapped to their backs. The precise details are a bit fuzzy, but it seems Perez sought asylum and was released into the country with work authorization, which he dutifully renewed on a regular basis. But his lawyer forgot to file a formal petition—something that occasionally happens because these migrants are too poor to buy quality representation and don’t have the language skills to navigate the byzantine system themselves. Many years later, when ICE realized this, it took Perez into custody. And after some months, ignoring his pleas that he’ll be killed if he returns home, sends him packing back. The fact that he had risked his life to help American law enforcement counted for nothing against his trivial lapse in paperwork.
At one point, we see him calling his family from a detention camp prior to deportation. He poignantly gives his son, a teenager who has to prematurely step into his dad’s shoes, instructions on making car payments and other such business. The ICE supervisor, who had total discretion over Perez’s fate, admits that Perez was trying to play by the rules. But in the end, he says, he gets “an inherent kind of satisfaction—I won’t say ‘joy’—in removing people who don’t belong in the country regardless of public sentiment.”

After Perez’s deportation, his son drops out of school, cashes in his meager savings, and tries to support the family. “I’ve lost all faith in the U.S. government,” he mourns.”

“And then there is the 63-year-old Guatemalan woman—petite, frail, terrified, and the furthest thing from a threat to the United States—who fled her country with her 12-year-old granddaughter. According the grandmother, an MS-13 gang member took a fancy to the preteen and demanded that grandma let him marry her or he’d kill them both. The two traveled for 10 days by land to reach the U.S. border and immediately turned themselves in at a port of entry, exactly as legally required. The granddaughter was released from detention after two months to join her mom, who lives in the U.S. The grandmother, however, was held in detention for 17 months—illegally, her lawyer claims, since she met the test for being released into the country while her asylum petition was considered. But she was a pawn in the Trump administration’s deterrence game, so the rules didn’t matter.

Her petition was eventually rejected. Before her lawyer could file an emergency appeal—as is perfectly in keeping with the rules—she was deported in the dead of the night. She wasn’t even allowed a phone call to bid her granddaughter good-bye.”

“Story after story in Immigration Nation shows how the government systematically games and breaks the rules to keep immigrants out. Yet one ICE agent smugly tells unauthorized immigrants, as he leads them to the bridge back to Mexico, to “try to do it the right way” next time, because, the right way is “always the best way.” He seems oblivious to the fact that even before Trump arrived on the scene and gutted legal immigration, few options to come in the “right way” existed for low-skilled migrants: Every administration since President Lyndon Johnson has been slamming doors in their faces.”

DHS is holding migrant children in secret hotel locations and rapidly expelling them

“The Trump administration is holding unaccompanied migrant children in hotels before rapidly expelling them from the US under a new policy that allows officials to turn away anyone who poses a risk of spreading coronavirus — even if they show no symptoms and are seeking asylum.”

“It’s just the latest in a long line of Trump administration policies designed to gut the asylum system on the southern border. Before the pandemic, officials were turning away tens of thousands of migrants at the southern border through the “Remain in Mexico” program, under which asylum seekers were forced to wait in Mexico, often for months at a time, for their immigration court hearings in the US. The new expulsion policy has largely replaced that program as a mechanism for keeping migrants out.
According to court documents, the administration had expelled about 2,000 unaccompanied children under the policy as of June. Though the government has not released more recent data on unaccompanied children specifically, CBP reported expelling more than 105,000 migrants total under the policy by the end of July.

“They’re coming here because they have legitimate claims for humanitarian protection,” Steven Kang, an attorney for the ACLU, said Friday. “For this country turn them right around is not only wrong — it’s not what Congress wanted. This whole shadow deportation scheme bypasses and ignores all the important rights that Congress gave them.””

“Though overcrowding of such facilities was a concern at the outset of the pandemic, HHS shelters are now operating at 5-to-10-percent capacity — well below normal, Kang said. That suggests that there is plenty of room to safely enforce social distancing and quarantine anyone who tests positive for Covid-19 or develops symptoms.
The lawsuit also argues that children have the right to an attorney and a full immigration court hearing to determine whether they are entitled to protections that would allow them to stay in the US, which is required by the Trafficking Victims Protection Act (TVPRA).

The government has argued that it has the authority to reject any migrant who poses a risk of spreading communicable disease under Title 42, a federal public health provision. Mark Morgan, the acting CBP commissioner, said earlier this month that the policy helps mitigate the risk of spreading the virus to anyone the migrants might come into contact with while being processed and in HHS shelters.”

A federal judge blocked Trump’s rule creating a wealth test for immigrants

“The rule is only one of several policies the Trump administration has pursued to dramatically shift which immigrants are legally able to come to the United States. Under Trump, the legal immigration system increasingly rewards skills and wealth over family ties to the US, while shutting out a growing number of people from low-income backgrounds. (Though he has even imposed restrictions on skilled immigrants amid the pandemic.)

Heeding calls from 31 states to end refugee admissions from Syria, Trump has slashed the total number of refugees the US accepts annually to just 18,000 this year, the fewest in history and down from a cap of 110,000 just two years ago.

He’s placed restrictions on the citizens of many Muslim-majority and African countries. His travel ban prevents citizens of Iran, Libya, Somalia, Syria, Yemen, Venezuela, and North Korea from obtaining any kind of visa allowing them to enter the US. He also added restrictions on immigrants from six additional countries: Myanmar, Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania.”

“With the public charge regulation, Trump is painting immigrants as abusing public benefits. But they are actually “less likely to consume welfare benefits and, when they do, they generally consume a lower dollar value of benefits than native-born Americans,” according to the Cato Institute, a libertarian think tank.
In 2016, the average per capita value of public benefits consumed by immigrants was $3,718, as compared to $6,081 among native-born Americans. Noncitizens were slightly more likely to get cash assistance, SNAP benefits, and Medicaid, but far less likely to use Medicare and Social Security.

“The rhetoric around the use of public benefits programs is largely smoke and mirrors,” Erin Quinn, a senior staff attorney at the Immigrant Legal Resource Center, told Vox. “It’s feeding a rhetoric that immigrants are draining our public services when in fact these immigrants don’t even have access to those services and also galvanizing fear in immigrant communities.””