Background to the Current Immigration Landscape

To address the unprecedented levels of illegal migration experienced over the previous four years, it is essential to understand the underlying decisions leading to this situation. The Biden administration’s shift in border policies became evident in the lead-up to the 2020 presidential election.

During his campaign, then-candidate Joe Biden openly advocated for a more lenient immigration policy, suggesting that asylum seekers are entitled to a fair hearing in the United States. For example, he stated in a primary debate: “We’re a nation that says if you want to flee and you’re fleeing oppression, you should come.” This perspective laid the groundwork for his policies once he took office.

Immediate Policy Changes Upon Taking Office

Upon his inauguration, President Biden moved swiftly to implement his immigration agenda. Key actions included:

• Halting border wall construction.
• Ending the Remain in Mexico program, which mandated that asylum seekers wait in Mexico while their claims were processed.
• Implementing a temporary moratorium on deportations for the first 100 days.
• Revoking initiatives aimed at collecting citizenship data during the census.

Reclassification and Enforcement Practices

The administration also redefined terminology concerning migrants, focusing on depicting both legal and illegal immigrants as “noncitizens.” This approach blurred the legally established distinction and influenced agency practices, particularly within U.S. Customs and Border Protection (CBP).

Initially, Biden’s directives led to a significant reduction in immigration enforcement, allowing many inadmissible immigrants to remain in the country. These changes have been linked to a broader increase in illegal crossings.

Impact on the Asylum Process

Historically, asylum claims were strictly regulated. However, the Biden administration’s policies facilitated numerous fraudulent claims by allowing unverified applications rooted in subjective criteria, such as domestic violence and climate change. This represents a significant dilution of what asylum is intended to protect under U.S. law.

The USCIS, instead of immigration courts, handled many of these claims, resulting in a record number of approvals and undermining due process, which was vital to ensuring the integrity of asylum adjudication.

Challenges with Unaccompanied Minors

In addition to policy adjustments, Secretary Mayorkas’s public statements about not turning back unaccompanied minors exacerbated the surge of children crossing the border. This messaging inadvertently encouraged human trafficking networks.

The number of unaccompanied children encountered reached alarming levels, with reports indicating that many were subjected to dangerous situations once in the U.S. Additionally, the inability of authorities to vet sponsors contributed to a grave risk of exploitation.

Consequences of Policy Shifts

The Biden administration’s open border policies resulted in significant disruptions to the U.S. immigration system, with immigration court backlogs increasing dramatically. As of October 2024, the backlog in immigration courts had tripled, affecting over 3.7 million cases.

This increase in case numbers underscores the cumulative impact of the policies enacted, demonstrating a need for a comprehensive reevaluation of immigration management strategies going forward.