“Remember, remember always, that all of us, you and I especially, are descended from immigrants and revolutionists.”

President Franklin D. Roosevelt

Biden Administration: Recent Action

There is a significant debate regarding national security, particularly the security of the southern border. Since the Biden administration took office in 2020, there has been a massive influx of illegal crossings, with approximately 8 million occurrences over the past four years and 1.7 million undocumented immigrants continually residing in the United States. Furthermore, immigrants are arriving from more diverse locations than in the past, such as China and Africa. The discovery of eight ISIS-K fighters in several U.S. cities, allegedly having entered through the southern border, has intensified criticism of the Biden administration’s policies on the border. 

Due to these rising concerns, immigration has become the top priority for many Americans. Stories of crimes committed by undocumented immigrants, the influx of fentanyl into drug markets, and political battles over relocating migrants from border states to major cities have highlighted the contentious issue of border security. However, the discourse on immigration often overlooks the social responsibility and humanitarian obligations of the United States. While the nation strives to provide human rights aid, balancing this with national security is challenging. The Department of Homeland Security reports a shortage of officers, delays in technological implementations, and insufficient legal aid to address humanitarian needs. Despite ongoing policy debates between liberals and conservatives, the reality in 2024 is a marked increase in illegal crossings and significant national security threats.  

In response to this call for action to secure the border, President Biden enacted two executive orders in June 2024 to signal to voters that he is serious about supporting humanitarian responsibilities, while also becoming more stringent on illegal border crossings.

On June 6th Biden issued his executive action to close the southern border between ports of entry when daily migrant crossings exceed 2,500 over a week. This move aims to curb asylum claims during high crossing periods, allowing immediate deportation of migrants, who would face a five-year reentry ban. Exceptions include unaccompanied children and certain humanitarian cases. The action, criticized by progressives and immigration advocates, follows failed bipartisan legislation efforts and mimics some Trump-era policies, though Biden emphasized humane differences and legal safeguards. 

In order to appeal to his more progressive base on June 18th, 2024, President Biden issued an executive order aimed at providing significant relief to undocumented immigrants married to U.S. citizens. This order allows these individuals, who have resided in the U.S. for at least ten years, to apply for lawful permanent residence without leaving the country, a process previously fraught with prolonged separation from their families. The policy change is expected to benefit approximately 500,000 spouses and 50,000 children. Additionally, the executive order streamlines the process for DACA recipients to access employment-based visas, ensuring they can continue contributing to the economy and their communities. These measures are part of Biden’s broader efforts to address family unity and provide stability to immigrant families in the U.S. despite ongoing political challenges and stalled legislation on comprehensive immigration reform. 

These two crucial executive actions are important because they highlight the politicization of immigration in the United States. With the upcoming election, Biden must navigate party politics, humanitarian action, and national security. Studying these executive orders and comparing their nature to past policy and the current national opinion will help reveal more about the weight of Biden’s decisions. 

Background & Context: Immigration Policy

The 2010s were marked by significant shifts in U.S. immigration policy across different administrations, reflecting the political divides between parties. Under President Obama, immigration policy init

ially focused on a balance between enforcement and relief measures. Obama’s administration introduced the Deferred Action for Childhood Arrivals (DACA) in 2012, protecting approximately 700,000 undocumented immigrants who arrived as children from deportation. This action faced substantial resistance from Republicans, who generally prioritized stricter enforcement measures and opposed broad amnesty efforts. 

In contrast, the Trump administration emphasized stringent immigration enforcement and border security. Policies included the “zero tolerance” policy leading to family separations, attempts to end DACA, and the implementation of the Migrant Protection Protocols (MPP), requiring asylum seekers to wait in Mexico while their claims were processed. This period saw a significant reduction in legal immigration and increased deportations.

Illegal border crossings fluctuated significantly during these years. Under Obama, crossings initially decreased, reaching a low in 2011, but spiked again towards the end of his term. During Trump’s administration, there was a notable increase in illegal crossings in 2019, with apprehensions reaching their highest levels in over a decade. These trends highlight the complex interplay between policy, enforcement, and migration patterns. 

This pattern is crucial as it highlights that illegal border crossings are driven by far more substantial factors than the executive stance on border policies. Several factors contribute to the phenomenon of illegal border crossings into the United States. Economic instability, violence, and political turmoil in migrants’ home countries serve as significant “push” factors. For example, regions such as CentralAmerica’s Northern Triangle (Honduras, Guatemala, and El Salvador) experience high levels of violence and poverty, driving many to seek safer and more stable conditions elsewhere. Additionally, environmental disasters and poor governance exacerbate these issu

es, further compelling individuals to migrate.On the other hand, “pull” factors in the United States include the prospect of better economic opportunities, existing social networks, and perceptions of lenient immigration policies. The U.S. economy’s relative strength and demand for labor attract many migrants. Policies such as Deferred Action for Childhood Arrivals (DACA) and historical asylum laws create an allure, even if the current enforcement practices remain

stringent. Moreover, the activities of transnational smugglers who facilitate illegal crossings also play a role by exploiting these conditions and promising entry into the U.S. During specific periods, changes in U.S. immigration policies and enforcement practices have also influenced migration patterns. For instance, the implementation of Title 42 during the COVID-19 pandemic allowed for rapid expulsions, whichled to higher recidivism rates as migrants made repeated attempts to cross the southern border.

= Outcomes: Will these Executive orders be effective?

Analyzing the effectiveness of President Biden’s executive orders from June 2024 in securing the border while maintaining humanitarian standards reveals a complex and nuanced picture. These actions were designed to quickly remove individuals without a legal basis to remain in the U.S., theoretically enhancing border security by streamlining the process and reducing backlog. However, the effectiveness of these orders in achieving true border security is debatable. While the increased speed of removals and the restriction on asylum eligibility might deter some illegal crossings, they do not address the underlying issuesdriving migration, such as economic instability, violence, and political turmoil in migrants’ home countries. Additionally, the “shout test” requirement, which necessitates migrants to explicitly express fear of persecution to qualify for asylum screening, could result in many legitimate asylum claims being ignored. This raises concerns about the fairness and humanitarian impact of these measures. Critics, such as the American Immigration Council, argue that focusing primarily on punitive measures without significantly expanding legal pathways, investing in ports of entry, or bolstering the immigration court system fails to create a sustainable solution. They contendthat these executive actions may temporarily reduce numbers but do not provide a long-term strategy for managing and securing the border effectively

Furthermore, while the executive orders include humanitarian exceptions and efforts to dismantle human smuggling networks, the overall emphasis on restricting asylum and rapid expulsions could inadvertently strengthen the operations of transnational criminal organizations, which exploit migrants in increasingly desperate situations. In conclusion, while Biden’s executive orders may offer short-term relief by reducing immediate border pressures and show voters effort before the election, these policies long-term effectiveness in securing the border and maintaining humanitarian standards remains uncertain. 

Suggestions for Further Reading

1. [Biden Grants Legal Protections to Dreamers and Undocumented Spouses](https://www.independent.com/2024/06/18/biden-grants-legal-protections-to-dreamers-and-undocumented-spouses-of-u-s-citizens/)

2. [DHS Announces New Process to Promote Unity and Stability for Families](https://www.dhs.gov/news/2024/06/17/fact-sheet-dhs-announces-new-process-promote-unity-and-stability-families)

3. [American Immigration Council: Biden Protections for Undocumented Spouses and DACA Recipients](https://www.americanimmigrationcouncil.org/news/biden-protections-undocumented-spouses-daca-recipients)

4. [Politico: Biden’s Border Closure Executive Action](https://www.politico.com/news/2024/06/04/biden-border-close-executive-action-migrants-00161483)

5. [The Washington Post: The Root cause of Central American Migration? The US](https://www.washingtonpost.com/outlook/2021/07/08/root-cause-central-american-migration-united-states/)

6. [American Military News: Biden Unveils New Executive Actions to Slow U.S. Border Crossings](https://americanmilitarynews.com/2024/06/biden-unveils-new-executive-actions-to-slow-us-border-crossings/)

7. [Historical Overview of Immigration Policy](https://cis.org/Historical-Overview-Immigration-Policy)

8. [Comparing Trump and Biden Major Immigration Policies](https://www.piie.com/blogs/realtime-economics/2024/comparing-trump-biden-major-immigration-policies)

9. [Oversight House: Biden’s Policies and Border Crisis](https://oversight.house.gov/release/wrap-up-biden-administrations-policies-have-fueled-worst-border-crisis-in-u-s-history%EF%BF%BC/)

10. [Solutions for Humane Border Policy](https://immigrantjustice.org/staff/blog/solutions-humane-border-policy)