While a federal court has stayed the Biden administration’s attempt to lift pandemic-prompted restrictions on immigrants pouring across the southern border, that is just one setback in a largely successful push by the president to make it easier for migrants to enter, live, and work in the U.S.
Since Joe Biden’s first day in office, when he signed seven executive orders on immigration that, among other things, suspended deportations and ended the Trump administration’s “Remain in Mexico” program that had eased the crush of those awaiting asylum hearings, the president has in word and deed sent signals that migrants have interpreted as welcoming. The initiatives include reviving the Obama-era policy known as “catch and release,” “paroling” illegal border crossers so they can enter the country, resettling migrants through secret flights around the country, and ending the “no match” policy that had helped the government identify people who were using fraudulent credentials to find work.
At the same time, the administration has deflected responsibility for the surge of immigrants. Initially, Biden’s team claimed there was no significant spike in immigration, later attributing it to “cyclical” and seasonal trends. Even as a record number of migrants from around the world were streaming across the border, White House Press Secretary Jen Psaki declared last year that “the border remains closed.” Last week, Secretary of Homeland Security Alejandro Mayorkas said the administration had “effectively managed” the border crisis while also blaming “a broken and dismantled system” the administration had inherited.
Many people on the front lines of the border – where a record 1.9 million people were apprehended during fiscal 2021, hundreds of thousands of whom were then released into the country – say the Biden administration’s policies have exacerbated the surge.
“We’re stopping nobody coming into our country,” said Clint McDonald, the executive director of the Texas/Southwestern Texas Border Sheriffs’ Coalition, “and we have no idea who is in our country.”
McDonald and other critics blame what they see as an ideological crusade by Biden officials to dissolve or ignore various laws and regulations that once checked or limited the influx of illegal immigrants – whom the administration now refers to as “irregular migrants.”
“We don’t know how else to put it,” said Spencer Raley, the director of research for the Federation for American Immigration Reform, which favors curbs on illegal immigration. “Since the day he took office, Biden has not signed a policy that would enhance border security. Instead, everything that has been put into place was designed not just to undo policies of the Trump administration but to reflect an unending desire to bring more and more people into our country.”
Biden’s presidential campaign was perhaps more transparent about his intentions than the official line since his inauguration. At several points in 2020, the campaign signaled that enforcement of the U.S. border would be significantly relaxed and opportunities for amnesty expanded. Criticism of the Trump administration’s allegedly harsh border policies were a staple of Biden and his fellow Democratic Party candidates throughout that election year.
Within hours of taking office Biden began to make good on his signals, moving aggressively against the existing infrastructure that dealt with illegal immigration at the southern border. In addition to temporarily suspending deportations and ending the “Remain in Mexico” program, he issued an executive order stopping work on Trump’s border wall. Policy memos from the Homeland Security also gave Customs and Border Protection and ICE agents more latitude in how they handle people encountered crossing the southern border without papers. These policy directives effectively ended ICE’s usual practice of taking custody of immigrants released from local or state jails, and placed more restrictions on the ability of federal authorities to arrest illegal immigrants.
During Trump’s last three months in office, apprehensions along the southern border held steady at an average of 75,000. In the first two months of Biden’s tenure, that number shot up by 120%, reaching a peak of 213,593 last July.
Despite those sharp increases, the Biden administration continued its relaxed border policies. Agreements the Trump administration had reached with Mexico and Central American countries, known as Asylum Cooperative Agreements, which were designed to constrict the flow of immigrants, were scrubbed so that immigrants no longer needed to request asylum in the first country they enter after leaving home.
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