Biden, after stiff resistance, has finally issued an Executive Order allowing for a border shutdown when the border experiences an immigrant overrun. What took so long? While his action is in the right direction, it has come too little too late.
A Gentler and Effective Immigration Policy
A surge of migrants at the southern border
A gentler and more effective immigration policy seeks to balance compassion and efficiency, addressing security concerns while respecting immigrants’ dignity and rights. This policy framework aims to create a humane and orderly immigration system that respects immigrants’ rights while addressing the legitimate concerns of border security and economic stability.
In the context of immigration and refugee protection, asylum is built upon several foundational principles and legal frameworks; it is a product of international agreements and treaties—the 1951 Refugee Convention and its 1967 Protocol—defining refugees’ rights and the legal obligations of host countries to protect them. The concept of asylum is deeply rooted in humanitarian principles. It recognizes the right of individuals to seek protection from persecution, violence, or danger in their home countries. Every nation has its laws and regulations governing asylum.
To qualify for asylum in the United States, an individual must meet specific requirements. This process involves submitting an application, undergoing interviews, and possibly court hearings, where the applicant must present evidence and testimony to support their claim. An asylum seeker must meet the criteria for asylum.
Do all migrants crossing the southern border qualify for asylum under U.S. immigration laws? The answer is no. Not all immigrants who illegally cross the southern border qualify for asylum. According to the International Convention and laws and U.S. immigration law, a person must demonstrate a verifiable fear of persecution based on the following factors:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Migrants who cross the southern border do so for a variety of reasons, such as economic hardship, gang violence, or general insecurity. Unfortunately, these reasons do not necessarily meet the strict criteria for asylum. Those who do not qualify for asylum may be subject to deportation.
The U.S. is founded on immigration; everyone in this country has an immigrant forbear. Therefore, all citizens should view immigration in a bipartisan way. However, immigration often becomes contentious, with differing views on managing it effectively. Republicans tend to advocate for stricter enforcement of immigration laws, while Democrats usually support more lenient and humane approaches.
Politicians from both parties have traded blame on the state of immigration. Republicans have called Democrats the “open-border” party, and Democrats brand the GOP as the “baby-snatching” border control party. However, neither conservative nor progressive views have resolved our border problems for decades. Perhaps it is time for a moderate immigration policy that is neither too restrictive nor too loose and may offer a more balanced and practical approach.
Many Americans express concerns about border security and immigration management, supporting more robust border controls and stringent immigration enforcement measures. A Pew Research Center survey and a Gallup poll from 2021 indicated that most Americans believe the federal government needs to do more to keep our border safe.
A surge of migrants at the southern border
Biden Administration Inconsistent Immigration Policies
The Biden administration’s policies have led to an increase in the number of people attempting to cross the border illegally. The surge of migrants at the border has reached historically high levels. The Biden administration reversed several key immigration policies put in place by the previous administration. This policy includes ending the Trump administration’s “Remain in Mexico” policy, which required asylum seekers to stay in Mexico while processing their claims, and halting construction of the border wall.
These reversals have weakened border security and encouraged many migrants attempting to cross the border. The surge in border crossings has significantly strained border patrol resources and detention facilities. The administration has not provided adequate resources or support to manage the influx, leading to overcrowded facilities and inadequate conditions for migrants. The administration’s messaging on immigration has been inconsistent, which has contributed to the confusion and surge in border crossings.
The administration talks about humane treatment and asylum rights but needs to communicate the legal pathways and the consequences of illegal entry. Some local and state officials, particularly those in border states, have expressed frustration with the federal government’s handling of border security. They argue that their communities bear the brunt of the surge in illegal immigration and that the federal response has been inadequate.
Mayor Eric Adams of New York City—in a blue state—has highlighted the significant strain the surge of migrants has placed on the city’s resources. He has mentioned that the immigrant surge has stretched the city’s shelter system, schools, healthcare facilities, and social services to their limits. He has repeatedly called for increased federal assistance to help manage the situation.
The mayor has argued that the federal government should provide more funding and resources to cities like New York that bear the brunt of the migrant influx. He has also advocated for better coordination and support from federal agencies. Biden, after stiff resistance, has finally issued an Executive Order allowing for a border shutdown when the border experiences an immigrant overrun. What took so long? While his action is in the right direction, it has come too little too late.
A Moderate Immigration Policy
A moderate immigration policy balances the need for border security with humanitarian considerations and economic benefits. Here are some key components that such a policy might include:
- 1. Enhanced Border Security:
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- Innovative Technology: Using advanced technology, such as drones, sensors, and surveillance systems, to monitor and secure the border more effectively.
- Infrastructure Improvements: Strengthen physical barriers where necessary and improve infrastructure at ports of entry to ensure thorough and efficient screening.
- 2. Fair and Efficient Asylum Process:
- Streamlined Procedures: Reducing the backlog of asylum cases by hiring more immigration judges and asylum officers and implementing more efficient processing procedures.
- Humane Treatment: Ensuring humane treatment of asylum seekers, including adequate shelter, healthcare, and legal representation while processing their cases.
- 3. Pathways to Legal Status:
- DACA and Dreamers: Providing citizenship pathways for individuals brought to the U.S. as children (Dreamers)
- Temporary Protected Status (TPS): Considering the status of immigrants from countries experiencing extraordinary conditions that prevent safe return.
- 4. Legal Immigration Reforms:
- Merit-Based System: Incorporating a merit-based component to the immigration system that considers skills, education, and economic needs.
- Family Reunification: Maintaining strong family reunification policies while addressing long waiting periods for family-based visas.
- 5, Worker Programs:
- Guest Worker Programs: Expanding and improving temporary worker programs to meet various industries’ labor needs while protecting workers’ rights.
- Agricultural and Seasonal Workers: Creating specific provisions for agricultural and seasonal workers to ensure a reliable labor force for critical sectors.
- 6. Addressing Root Causes of Migration:
- Foreign Aid and Development: Invest in foreign aid to address the fundamentals of migration, poverty, violence, and lack of opportunities in the country of origin.
- Regional Cooperation: Collaborating with other countries to manage migration flows and improve conditions in countries where migrants originate.
- 7. Enforcement and Accountability:
- Workplace Enforcement: Implementing firm but fair enforcement of labor and immigration laws, including penalties for employers who knowingly hire undocumented workers.
- Deportation Prioritization: Focus on deporting individuals with potential threats to national security and public safety rather than indiscriminately targeting undocumented immigrants.
- 8. Community Integration and Support:
- Integration Programs: Providing resources and programs to help immigrants integrate into American society, including language classes, job training, and civic education.
- Local and State Collaboration: The federal government should collaborate with local and state governments to address immigrant communities’ specific needs and challenges.
By adopting a balanced approach, a moderate immigration policy seeks to address the concerns of both security and humanitarian advocates while ensuring that the immigration system supports the economic and social needs of the country. Politicians must work together to realize these goals.
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Nicholas A. Owoyemi
President & CEO (Author)
Moderate Voices of America (MVA)
30 Wall Street, 8thFloor
New York, New York 10005
212 406-1958
www.moderatevoices.org