Illegal Border Crossings and the New Biden Policy: A Historical Perspective
Illegal border crossings have been a contentious issue in the United States for decades, with various administrations attempting to address this complex problem through both legislative and executive actions. The Biden administration, which took office on January 20, 2021, has proposed a new policy to tackle illegal border crossings, sparking intense debate among policymakers, activists, and the public. To understand the significance of the Biden administration’s new policy, it is essential to explore the historical context of illegal border crossings and previous efforts to address this issue.
Historical Context:
Illegal border crossings have long been a challenge for the United States, particularly along its southern border with Mexico. The Mexican Revolution in the early 20th century and the subsequent economic instability in Mexico led to a surge in migration to the United States. The Bracero Program, established in 1942, allowed temporary agricultural labor from Mexico but failed to address the larger issue of unauthorized immigration. In the 1950s and 1960s, the number of illegal border crossings continued to increase, with an estimated 2 million unauthorized immigrants in the United States by 1965.
Legislation and Executive Actions:
In response to the growing number of illegal border crossings, Congress passed several legislative measures, such as the Immigration and Nationality Act of 1965, which eliminated the national-origin quotas but did not address unauthorized immigration. In the 1980s and 1990s, there were several high-profile efforts to secure the border, including the Border Patrol’s Operation Hold the Line in 1986 and the deployment of the National Guard to the border in 2006. However, these measures did not significantly reduce illegal border crossings.
Recent Developments:
Under the Trump administration, a series of executive orders and policies aimed to restrict immigration, including the controversial zero-tolerance policy that led to family separations at the border. The Biden administration, upon taking office, quickly moved to reverse many of these policies, including reinstating asylum eligibility and implementing a 100-day moratorium on deportations. The administration also proposed a comprehensive immigration bill, which includes a pathway to citizenship for an estimated 11 million unauthorized immigrants currently living in the United States.
The New Biden Policy:
The Biden administration’s new policy to address illegal border crossings is multifaceted, focusing on both enforcement and humanitarian efforts. The administration aims to increase resources for border security, including technology and personnel, while also addressing the root causes of migration in Central America. Additionally, the administration is working to improve the asylum process and address the backlog of cases, aiming to process claims more efficiently while ensuring the safety and well-being of migrants.
Conclusion:
Understanding the historical context of illegal border crossings and previous efforts to address this issue is crucial in evaluating the significance and potential impact of the Biden administration’s new policy. While addressing illegal border crossings is a complex problem with no easy solutions, the current administration’s approach emphasizes both enforcement and humanitarian efforts, seeking to address both the symptoms and root causes of this long-standing challenge.
New Biden Administration Policy on Immigration and Illegal Border Crossings
I. Introduction
Explanation of the Topic
The Biden administration’s immigration policies have sparked intense debate and controversy since the president took office in January 202One of the most contentious issues is the administration’s approach to
Importance of Understanding Historical Context
The topic of immigration and illegal border crossings has long been a contentious issue in the United States. The
historical context of U.S. immigration policy
is essential to understanding the current situation at the border. For decades, U.S. immigration policy has seen numerous shifts, from a focus on family reunification in the 1960s to a more restrictive approach under President Reagan in the 1980s. In recent years, there have been multiple attempts at comprehensive immigration reform, but none have succeeded.
Meanwhile,
border enforcement efforts
have become more militarized and technology-driven, with the construction of physical barriers, increased use of surveillance technology, and the deployment of border patrol agents. However, despite these efforts, illegal crossings continue to occur in large numbers.
Understanding this historical context is crucial for making sense of the current situation at the border. The
new Biden administration policies
on immigration and illegal crossings represent a significant shift from previous administrations, but they are also shaped by the broader context of U.S. immigration history and the challenges facing border enforcement agencies.
Background: Previous Administration Policies
Overview of immigration policies during the Trump administration
During the Trump administration, immigration policies underwent significant changes that had a profound impact on illegal border crossings and asylum seekers. Two major policies, in particular, dominated the discourse: the Zero Tolerance Policy (2018) and the Migration Protection Protocols (MPP or Remain in Mexico Policy, 2019).
Zero Tolerance Policy (2018)
In April 2018, the Department of Homeland Security (DHS) announced a Zero Tolerance Policy, which resulted in the separation of over 2,600 families at the US-Mexico border. The rationale behind this policy was to deter illegal immigration by imposing consequences on those attempting entry, regardless of their reasons for fleeing their home countries. This controversial measure received widespread criticism due to its humanitarian implications and the resulting emotional distress and long-term traumas inflicted on children and their parents.
Migration Protection Protocols (MPP or Remain in Mexico Policy, 2019)
The MPP, also known as the Remain in Mexico Policy, was announced in December 2018 and formally implemented in January 2019. Under this policy, asylum seekers were required to remain in Mexico while their cases were being processed in the US immigration courts. This change aimed to reduce the number of migrants entering the US illegally and alleviate pressure on American immigration facilities. However, the MPP faced numerous criticisms for endangering asylum seekers who remained in Mexico due to its inherent dangers and lack of adequate protection.
Impact of these policies on illegal border crossings and asylum seekers
The implementation of the Zero Tolerance Policy and MPP led to a surge in border apprehensions. The number of people attempting illegal border crossings increased significantly, as migrants feared being separated from their families under the former policy and faced heightened risks in Mexico under the latter. Moreover, humanitarian concerns mounted as criticisms of these policies continued to grow. The separation of families, dangerous conditions for asylum seekers in Mexico, and the potential long-term impacts on children’s development became pressing issues that attracted international attention.
Increase in border apprehensions
Border apprehensions rose dramatically during the Trump administration, reaching a record-high of over 1.7 million in fiscal year 2019, an increase of almost 30% compared to the previous year. This trend continued into 2020, with over 450,000 border apprehensions in March alone.
Humanitarian concerns and criticisms
Despite the administration’s stated goals of deterring illegal immigration, humanitarian issues and criticism from various organizations, experts, and world leaders escalated. The Zero Tolerance Policy’s family separations and the MPP’s lack of protection for asylum seekers in Mexico raised concerns about the long-term consequences on children’s mental and emotional health, and the violation of human rights. Many international organizations urged the administration to reconsider these policies in light of their detrimental impact on vulnerable populations.
I The Biden Administration Transition and New Immigration Policies (January 2021)
With the inauguration of President Joe Biden on January 20, 2021, the United States experienced a significant shift in immigration policies. The new administration brought about a series of Executive Orders and Proclamations aimed at reversing some of the most contentious policies of the previous administration.
Executive Orders and Proclamations issued:
Executive Order 13985: On January 20, 2021, President Biden signed the Executive Order on Tackling the Root Causes of Migration from Central America and Mexico. This order aimed to address the root causes of migration, such as violence, poverty, and corruption in Central America. It also sought to expand legal immigration options and improve the handling of migrants at the border.
Proclamation on Terminating National Emergency Concerning the Southern Border of the United States: On January 20, 2021, President Biden also signed a proclamation to terminate the national emergency declared by his predecessor regarding the southern border. This move ended the justification for several controversial immigration policies, including those related to the use of military personnel at the border and restrictions on asylum.
Changes in immigration policies under the Biden administration:
Ending MPP and Zero Tolerance Policy:
The most notable changes under the Biden administration were the end of the Migrant Protection Protocols (MPP), also known as the “remain in Mexico” policy, and the Zero Tolerance Policy. The MPP required asylum seekers to remain in Mexico while their cases were being processed, which resulted in numerous human rights abuses. The Zero Tolerance Policy led to the separation of thousands of families at the border.
Increasing refugee admissions and asylum processing:
Another significant change under the Biden administration was an increase in refugee admissions. The new administration raised the cap on refugee admissions from 15,000 under the previous administration to 62,500 for fiscal year 202Additionally, the administration worked to streamline the asylum processing system, which had been backlogged due to the previous administration’s policies.
| Previous Administration | Biden Administration | |
|---|---|---|
| Executive Orders/Proclamations: | Remain in MexicoZero Tolerance | Terminated MPP and Zero ToleranceEnded National Emergency |
| Refugee Admissions: | 15,000 cap | 62,500 for FY 2021 |
| Asylum Processing: | Backlogged system | Streamlined processing |
The Impact of Illegal Border Crossings on New Biden Policies (February 2021 – present)
Explanation of the surge in border apprehensions
The surge in border apprehensions since President Biden took office in February 2021 can be attributed to several root causes. In Central America and Mexico, poverty, violence, and climate change continue to fuel mass migration towards the United States. The COVID-19 pandemic has worsened conditions in these countries, leading to increased instability and economic hardship.
Title 42 Expulsion
In response to the border crisis, the Centers for Disease Control and Prevention (CDC) invoked Title 42, a public health order, to expel migrants under the guise of preventing the spread of COVID-19. This policy has been met with controversy and criticism from human rights advocates and immigrant rights organizations, who argue that it endangers the health and safety of migrants and violates their fundamental rights.
Challenges faced by the Biden administration in implementing new policies
The Biden administration‘s attempts to implement new immigration policies have faced significant challenges.
Legal challenges in courts
One of the most notable challenges has been legal challenges in the courts. Republican-led states and conservative organizations have filed lawsuits to block policies such as the suspension of ICE detainers, an end to the Remain in Mexico policy, and a proposed pathway to citizenship for Dreamers.
Political opposition and public sentiment
Additionally, political opposition and negative public sentiment towards immigration have hindered the Biden administration’s efforts. Conservative politicians and media outlets have fueled anti-immigrant sentiment, leading to protests and calls for stricter border control measures.
The ongoing humanitarian crisis at the US-Mexico border
Despite these challenges, the humanitarian crisis at the US-Mexico border continues to unfold. Overcrowded detention facilities have led to unsanitary conditions and a risk of disease outbreaks.
Unaccompanied minors and family separations
The separation of families and the detention of unaccompanied minors have garnered international criticism, with many arguing that these practices violate human rights and go against the values of compassion and dignity that the Biden administration has sought to promote. The situation at the border calls for immediate action and a comprehensive approach to addressing the root causes of migration, ensuring the safety and well-being of migrants, and upholding the values of human rights and dignity for all.
Conclusion: Lessons Learned from the Historical Perspective
From a historical standpoint, illegal border crossings have significantly shaped immigration policies in various ways. The ebb and flow of unauthorized migration have influenced public opinion, political debates, and policy responses throughout history.
The Role of Illegal Border Crossings
Illegal border crossings have served as a catalyst for policy changes, often leading to increased border enforcement and debates over reform. For instance, the passage of the Immigration Reform and Control Act in 1986 was a response to growing concern over illegal immigration during that time. The law imposed sanctions on employers who hired undocumented workers, while also legalizing certain undocumented immigrants through an amnesty program. However, the focus on enforcement led to a surge in border crossings as people sought to enter before stricter measures were implemented. This pattern of policy responses and subsequent shifts in migration trends continues to the present day.
Implications for Future Policy Changes and Potential Solutions
Understanding this historical context is crucial for addressing future policy changes and potential solutions. First, it highlights the need to address root causes of migration. Rather than solely focusing on enforcement measures, addressing the underlying factors driving people to leave their home countries is essential. This could involve increasing economic opportunities and improving living conditions in countries of origin.
Second, international collaboration is crucial in addressing the issue of illegal border crossings. Cooperation between source, transit, and destination countries can lead to more effective policy responses and reduced incentives for unauthorized migration. This could involve measures such as sharing intelligence, implementing regional agreements, and providing resources for safe and orderly migration channels.
Lastly, it is essential to find a balance between security and humanitarian concerns. While securing borders is important for maintaining national security, it should not come at the expense of human rights. Policymakers must consider the needs and well-being of migrants, particularly those fleeing violence or persecution. This could involve providing legal channels for migration, improving conditions at border detention facilities, and ensuring due process for those seeking asylum.
VI. Recommendations for Further Research or Policy Actions
Exploring Alternative Policies to Address Border Management and Asylum Seekers
Technological Solutions
The use of technology in border management and asylum seeker processing is an area that merits further exploration. Facial recognition, biometric identification systems, and drone surveillance are some technological solutions that have been proposed to enhance security while reducing the need for physical barriers. The implementation of such technologies could lead to more efficient processing and improved border control, while minimizing the negative impacts on the environment and human rights.
Regional Cooperation and Development Assistance
Another approach to addressing the issue of illegal border crossings and asylum seekers is through regional cooperation and development assistance. Collaboration among neighboring countries can help to reduce the pressure on any one border, as well as address the root causes of migration. Economic development assistance, education and skills training programs, and investment in infrastructure projects are some ways that regional cooperation can contribute to reducing the incentives for people to leave their home countries.
Ongoing Evaluation of the Impact of New Biden Policies on Illegal Border Crossings and Asylum Seekers
The recent changes in U.S. border policy under the Biden administration have brought about new challenges and opportunities for addressing illegal border crossings and asylum seekers. It is essential to continuously evaluate the impact of these policies on both sides of the border. Monitoring trends in illegal crossings, assessing the effectiveness of asylum processing systems, and evaluating the human rights implications of these policies are some critical areas of research. Furthermore, ongoing engagement with stakeholders, including NGOs, local communities, and international organizations, is essential to ensure that policies are implemented in a way that respects the human rights of all involved.