Biden’s Regulatory Reforms Exacerbating Border Crisis


Earlier this month, President Joe Biden issued an executive order on immigration intended to project a tough stance on illegal border crossings. However, the order, filled with exceptions and loopholes, has been criticized as a political maneuver to maintain his administration’s open-border policy.

Last week, reports emerged that Biden is expected to announce another executive order granting amnesty to half a million illegal immigrants, protecting them from deportation and allowing them to work legally in the U.S. NBC News reported that the order would create a “parole in place” program for illegal immigrant spouses who have lived and worked in the U.S. for over a decade, affecting an estimated 500,000 people.

This contradictory approach—appearing to secure the border one week, then planning mass amnesty the next—highlights Biden’s political dilemma. The open-border advocates within the Democrat Party demand mass amnesty following any perceived border crackdown.

Polling indicates widespread frustration with Biden’s handling of the border crisis. A CBS News/YouGov poll shows 58 percent of women and 53 percent of Hispanics now support mass deportations. Consistent polling reveals immigration as a top priority for voters, suggesting a significant political problem for Democrats ahead of the November election.

To address these concerns, Biden’s June 4 executive order aimed to shut down asylum claims for those crossing the border illegally when daily crossings average 2,500 over a week. This threshold had already been met when the order was announced. Biden blamed Republicans for not passing an immigration reform bill earlier this year, claiming to use his executive authority to address the border crisis.

However, the order is seen as ineffective in reducing illegal immigration. Andrew Arthur from the Center for Immigration Studies explained that the order’s extensive exceptions are unlikely to impact illegal crossings.

A subsequent memo to Border Patrol outlined procedures for handling illegal immigrants after the order took effect, categorizing immigrants based on whether they came from “easy to remove” or “hard to remove” countries. The memo indicated that the majority of illegal immigrants—those from Mexico, El Salvador, Guatemala, Honduras, Cuba, Haiti, Nicaragua, and Venezuela—would be processed through various means, often allowing them to start asylum claims at ports of entry or be released with notices to appear before immigration judges.

For Mexican nationals, illegal border-crossers can voluntarily return to Mexico without formal hearings, scheduling their entry through the CBP One app. Immigrants from Cuba, Haiti, Nicaragua, and Venezuela can withdraw asylum applications and return to Mexico, unless they are among the 30,000 parolees granted entry under a separate Biden administration scheme. Nationals from El Salvador, Guatemala, and Honduras will be expedited for removal to Mexico, where they can apply for entry via the CBP One app. Other Western Hemisphere nationals will be released with notices to appear, without being detained.

This approach suggests that despite claims of cracking down on asylum claims, the Biden administration is facilitating the continued flow of illegal immigrants into the U.S. while planning a mass amnesty for those who broke immigration laws years ago. This will likely encourage would-be illegal immigrants worldwide to believe they can stay if they manage to cross the border, which critics argue is an accurate interpretation.

John Daniel Davidson
John Daniel Davidson
Senior Editor. John's writing has appeared in the Wall Street Journal, the Claremont Review of Books, The New York Post, and elsewhere. He is the author of Pagan America: the Decline of Christianity and the Dark Age to Come.

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