Biden's Politically Driven Flawed Fix for the Border Woes

The Biden administration's latest executive order aims to address the border crisis, but it is more a political ploy than an effective solution.

Jun 05, 2024

The Facts:

The border crisis at the U.S. southern border has been a significant challenge for the Biden administration. Despite being over three years into his presidency, it appears that Biden has only recently taken concrete action to address the issue. On Tuesday, he announced a series of executive actions that he claims will stem the tide of migrants crossing the border. The numbers speak for themselves - encounters along the U.S.-Mexico border have nearly tripled since 2019 and increased more than six-fold since 2018. Even Democratic leaders of major cities have expressed being overwhelmed by the influx of migrants. Yet, until this week, the Biden administration had largely ignored the pleas for help, even picking a fight with Texas Governor Greg Abbott over his efforts to secure the border.

Biden's executive order aims to block migrants from seeking asylum at the southern border when the average number of daily encounters between ports of entry hits 2,500 over a week. The border could reopen once the daily average declines to 1,500. However, the order contains several loopholes, as migrants could still seek asylum at ports of entry using the CBP One mobile app, which would be excluded from the daily triggers. Additionally, the order provides exemptions for migrants facing "an imminent and extreme threat to life or safety," which could undermine its effectiveness. Biden's order is likely to face legal challenges, as the ACLU has already promised to contest it. There is a degree of irony in the fact that Biden is invoking the same legal authority under the Immigration and Nationality Act that former President Trump used to impose his travel ban, which the Supreme Court upheld in 2018. The executive order also faces practical difficulties, as it will require Mexico's cooperation and more resources to detain migrants before their deportation. The administration itself acknowledges that the order cannot achieve the same results as Congressional action and requires more funding.

The magnitude of the current border crisis can be attributed largely to the Biden administration's own actions. During the 2020 campaign, Biden criticized Trump's "Remain in Mexico" policy, which required asylum seekers to wait south of the border. On his first day in office, Biden rescinded this policy and effectively ended border enforcement. Furthermore, the Biden administration has also eased its scrutiny in reviewing asylum claims, and over the last three years immigration judges have granted nearly 80% of claims, roughly double the share under Trump.

Exacerbating Biden’s ineffectiveness is a U.S. asylum system mired in dysfunction, with massive backlogs, lost paperwork, and inconsistent outcomes based on the judge handling the case. The system is severely backlogged, with over 3 million cases pending, and administrative failures have led to 350,000 deportation cases being dismissed since 2022 purely on merit.

Furthermore, U.S. immigration legislation has been lacking, with the last major reform law passed in 1986. As a result, the existing legal framework for refugees and asylum seekers primarily dates back to the post-WWII era, leaving the United States unable to effectively address the realities of modern global migration and the economic forces driving it.

The View:

This administration's response to the border crisis is nothing more than a tactical political retreat, masquerading as a battle cry. President Biden has finally acknowledged the overwhelming scale of the problem, but his latest executive order is more smoke and mirrors than a genuine solution. The sheer magnitude of this crisis is undeniable, and the administration's previous inaction has only exacerbated the situation. By rescinding the Remain in Mexico policy on his first day in office and all but ending border enforcement, Biden has paved the way for this unprecedented surge in migration. His message to the world has been clear: "Come one, come all," and they have heeded that call.

Now, faced with plummeting political support and a significant majority of voters believing that Donald Trump would do a better job handling the border, Biden has been forced to act. But this executive order is nothing more than a feeble attempt to appease the public, one that will likely be challenged in court and ultimately prove ineffective. The order's provisions, which mirror bipartisan legislative proposals, are riddled with loopholes and exceptions that undermine its effectiveness. Allowing migrants to seek asylum at ports of entry using a mobile app and exempting those facing "extreme threats" does little to address the core of the crisis. Moreover, the administration's concession that the order "cannot achieve the same results as Congressional action" and requires more funding only highlights its inherent weaknesses.

Furthermore, the administration's failures on the border have not only poisoned the chances for a much-needed compromise in Congress, but they have also laid the groundwork for a potential disruptive mass deportation under a future Trump presidency. Biden's border abdication has done irreparable harm to political support for legal immigration, and the consequences of his actions will reverberate for years to come. If Biden loses, his failures on the border may pave the way for a more disruptive crackdown and potential mass deportations under a future Trump administration.

The American people deserve a real, comprehensive solution to the border crisis, not a political ploy masquerading as decisive action. Until the administration is willing to take bold, decisive steps and work with Congress to overhaul our outdated immigration system, the chaos at the border will continue to spiral out of control, with devastating consequences.

TLDR:

President Biden has signed an executive order that aims to block migrants from seeking asylum at the southern border when the average number of daily encounters hits 2,500 over a week, with the border reopening once the daily average declines to 1,500.
The executive order contains several loopholes, as migrants could still seek asylum at ports of entry using the CBP One mobile app, which would be excluded from the daily triggers, and it provides exemptions for migrants facing "an imminent and extreme threat to life or safety."
The executive order is likely to face legal challenges, and the administration acknowledges it cannot achieve the same results as Congressional action.
The magnitude of the current border crisis can be attributed to the Biden administration's own actions, such as rescinding the "Remain in Mexico" policy and easing asylum claim scrutiny.
The U.S. asylum system is mired in dysfunction, with massive backlogs and administrative failures leading to dismissals of deportation cases.
The lack of comprehensive immigration legislation has left the U.S. unable to effectively address the realities of modern global migration.
The administration's response is seen as a political retreat, with the executive order being more smoke and mirrors than a genuine solution to the border crisis.