On June 4, 2024, United States (US) President Joe Biden announced that he was halting asylum procedures at a point where illegal entries at the Mexican border increased excessively. The new policy comes at a time when illegal entry arrests have reached 2,500. About 4,000 people enter the country every day. The decision was seen as a major policy shift on a critical election year under pressure from Republicans, who have criticized Biden for an unprecedented volatility.[1]
Some say the new immigration policy will endanger migrants and violate international obligations. Legal challenges and limitations of readmission agreements can also be a problem. Mexico, for example, has agreed to take back a limited number of non-Mexican immigrants. However, the Biden administration does not have the resources and diplomatic support to deport migrants to distant countries. Today, while asylum seekers generally have the opportunity to live and work freely in the U.S. they are increasingly in immigration courts.
The policy that allows migrants arriving at the U.S.-Mexico border to be turned away is a practice inherited from President Donald Trump’s administration. This policy, which started in March 2020, was taken to prevent the spread of Covid-19. Previously, immigrants could cross illegally, seek asylum, and enter the United States. However, with this policy, immigrants were turned away. These pandemic-era asylum restrictions have had no legal consequences and have encouraged repeated asylum attempts. Now, if migrants cannot claim asylum, they will be deported. This means that if they try again, they will be subject to criminal prosecution.[2]
Blas Nunez-Neto, Assistant Assistant Secretary of State for Border and Migration Policy at the Department of Homeland Security, expressed concern for the safety of migrants, adding that U.S. asylum officers will screen them to a higher standard.
It is noted that the United States has limited funding. It also finds it difficult to deport many people because of a lack of diplomatic influence and logistical arrangements. U.S. Immigration and Customs Enforcement only has enough resources to detain about 34,000 people.
Mexico, on the other hand, has taken several measures this year to prevent migrants trying to reach the US border. He prevented migrants from boarding freight trains and redirected them back to Mexico on buses. These steps have halted the progress of migrants and left many stranded in Mexico. Regarding the issue, Mexico’s foreign relations secretary Alicia Bárcena stated that Mexico will not allow more than 4,000 illegal entries per day. The new Mexican President Claudia Sheinbaum, who is expected to take office on October 1, 2024, is also expected to continue the policies of the current President Andrés Manuel López Obrador.
In May 2023, Joe Biden introduced similar barriers for anyone who illegally crosses the border from another country, such as Mexico. However, the effect of these restrictions did not last long. After last year’s restrictions came into effect, illegal crossings decreased, but this was short-lived due to the insufficient number of screening officers. The fact that the rule was applied only in a small part showed that the budgets were insufficient for this situation.
The United Nations High Commissioner for Refugees (UNHCR) has urged the United States to review measures restricting the right to seek asylum, while the International Organization for Migration (IOM) has emphasized the need to respect the right to asylum when managing irregular migration. The IOM, led by Amy Pope, Biden’s former adviser on migration, has also stated that it is important to strengthen safe and orderly migration routes.[3]
Polls conducted during the election period have shown that immigration and border security are the most important issues in this election year, and former President Donald Trump has come to the fore in this regard. Joe Biden, on the other hand, has shifted to the right since his election campaign four years ago, when he criticized immigration policies and promised to restore asylum protections. Biden admits that he is now facing a different political reality, albeit under pressure from his Democratic base.[4]
According to the monthly data of Gallup, a Washington-based American analytics and consulting company; In February, March and April of this year, Americans cited immigration as the country’s most important problem. But according to Gallup’s May poll, immigration has become less important. This is due to the fact that attention has turned to Donald Trump’s criminal case, and illegal crossings have decreased. Still seen as the most important issue for voters, it remained linked to the government and the economy.
According to another survey conducted in April; A majority of Americans believe that Biden’s presidency has harmed the country on immigration and border security. Even among Democrats, few people think Biden is helping in this regard. However, the vast majority of Republicans think that Trump has helped in this regard.
Biden’s immigration policies have been criticized by some left-leaning lawmakers and immigration advocates, and it has been noted that divisions have emerged among Democrats. Pramila Jayapal, chairwoman of the Congressional Progressive Caucus, said the administration should take steps to provide relief to immigrants in the United States. In addition, California Democratic Senator Alex Padilla described Biden’s order as “a revival of Trump’s asylum ban”.
Joe Biden’s executive action could reduce the number of asylum seekers and other migrants entering the United States. Economists have noted that this could reduce the source of cheap labor for employers. Biden is struggling to reduce border crossings, and the state of the U.S. economy has become a top concern for voters.
According to an analysis by Standard Chartered, a British multinational bank, most of the job growth outside the agricultural sector was attributed to immigrant groups. The Congressional Budget Office, on the other hand, stated that the increase in immigration will increase the labor force and economic output. It has been predicted that this could lead to an increase in GDP of $7 trillion over the next decade.
It is emphasized that immigration can be a problem for Biden and may contribute to inflation. Wages are projected to rise slowly as low-skilled workers increase. It is stated that the economic effects of migration will be especially concentrated in restaurants, construction and service sectors. In addition, the decline in new workers will be felt more acutely in major cities or communities along the U.S.-Mexico border. That could be important for Biden in the presidential election and in places like Arizona, a critical battleground for his hopes of maintaining Senate control.[5]
Rocio Sáenz, secretary of the International Service Employees Union, said she supported Biden’s re-election campaign and that Republicans in Congress should increase resources at the border so that cases can be handled more efficiently and humanely. The American Civil Liberties Union (ACLU) has vowed to swiftly sue the Biden administration, while others have emphasized that executive action must meet with the courts, given similar challenges.
Wendy Edelberg, director of the Hamilton Project and a senior researcher in economic studies at the Brookings Institution, stated that it may take time for immigrants to obtain work permits and that the short-term economic impact of Biden’s action will be limited. Emphasizing that the effects of the migration wave on the economy are delayed, Edelberg stated that the impact of immigrants on the labor force and employment will continue to be seen in the coming months. However, given that migrants may come to the U.S. through other means, it is unclear to what extent Biden’s policies toward asylum seekers will affect the workforce.
The Biden administration is eyeing humanitarian parole pathways for immigrants from countries such as Nicaragua, Venezuela, and Ukraine. Undocumented immigrants turn to the temporary visa program (H-2A), which allows foreign nationals to enter the U.S. for seasonal agricultural work by becoming part of the agricultural workforce. Economists say the impact of Biden’s action is limited and that former President Donald Trump’s restrictive measures could have a greater impact.
[1] “How Biden’s new order to stop asylum at the US border should work?”, Associated Press, https://apnews.com/article/biden-asylum-ban-halt-border-mexico-1905e3565b2da1cffb8f38a778c07118, (Date of Access: 05.06.2024).
[2] “Title 42 ended. Here’s what it does and how U.S. immigration policy has changed”, Associated Press, https://apnews.com/article/immigration-biden-border-title-42-mexico-asylum-be4e0b15b27adb9bede87b9bbefb798d, (Date of Access:05.06.2024).
[3] “UN migration and refugee agencies cite ‘basic’ right to asylum after US restrictive moves”, Associated Press, https://apnews.com/article/unchr-concern-asylum-refugees-usa-biden-restrictions-bef71e8f52088bef114ed3978d38ed16, (Date of Access:05.06.2024).
[4] “Will Biden’s new border measures be enough to change voters’ minds?”, Associated Press, https://apnews.com/article/immigration-trump-biden-executive-order-politics-border-a2769fae1fb4e6b7899fd191b5864de3, (Date of Access:05.06.2024).
[5] “Biden’s border pressure could cut back on the economy”, Politico, https://www.politico.com/news/2024/06/04/biden-crackdown-immigration-economy-00161618, (Date of Access:05.06.2024).
