The Brewing Border Debacle
Both Sides Deserve Blame, And No Plan to Fix it is in Sight
On Thursday, Title 42 as it relates to COVID will expire. Title 42 was created to address public health and social welfare and grants the government the ability to take emergency action in numerous ways, including to “stop the introduction of communicable diseases.” While the code has been in place for decades, it was used widely beginning in March 2020 by the then-President Donald Trump Administration in order to regulate border crossings under the premise of increased COVID-19 precautions.
The Trump administration used Title 42 to override immigration law that allowed people to ask for asylum after entering illegally and said we could send them back across the border, arguing that taking migrants into custody in federal facilities would create more of a public health risk. Biden had extended this policy given that no solution to the immigration crisis at the southern border is in sight, and Republicans have no incentive to negotiate one.1
As of May 9th, border states in Mexico have reported an increase of over 300k migrants who will be attempting to cross the border legally on Thursday or after, and a total of 500k is expected. Currently, they are remaining in border cities or nearby in encampments, with little access to running water or facilities, and are overwhelming the infrastructure of these border towns. This is only the start.
Immigration Policy Generally
Immigration policy has, for the most part, been set in stone since the 1980s. Reagan helped push through an immigration reform package that included an amnesty for those that had been in the country for the previous five years. It was a necessary step in order to reset immigration controls. That part of the policy proved to be exceptionally unpopular with the GOP base and in 1992 when Pat Buchanan ran against George H.W. Bush in the primaries, he received a lot of support on that one issue alone. Buchanan began fueling the xenophobic, anti-immigrant aspects of the GOP, which then became standard once Newt Gingrich took over Congress in 1994. It’s been GOP boilerplate GOP rhetoric since then to rail againt illegal immigrants, increase border security and oppose any attempt at amnesty of individuals.
Flash forward to 2013, when a bipartisan group of eight Senators, led by John McCain and Marco Rubio on the right, hammered out the first serious bill on Immigration in 27 years. It passed the Senate with a strong bipartisan majority, with 14 Republicans voting with Democrats. Among the policies:
A path to citizenship for illegal immigrants, including “dreamers” who were brought to the United States as minors by illegal immigrant parents;
Increased customs and border security.
Expedited permanent status for immigrants with jobs and training in STEM fields.
Improved and updated immigration verification systems.
Business immigration reforms that allowed greater flexibility for companies to bring in foreigners for business purposes.
These are all reasonable changes and provided a path forward on the issue. To the right wing base, however, this bill was an apostasy. To them, ANY path to citizenship seemed like amnesty again. The bill was not even brought to the floor of the House and died a quiet, ignominious death. Rubio paid a particular price for it when he ran for President in 2016, constantly hammered over his authorship of the bill.
So, immigration as a policy hasn’t changed legislatively since the ‘80s. Where there have been changes in execution, it has occurred as a result of judicial action and decisions. This is not how you want to create policy, largely because 1) if it gets to the courts, it’s already showing signs of unjust or improper results and 2) courts are designed to handle individual issues, not systemic failures to the system. Without meaningful legislation, immigration and our southern border in particular is going to continue to be wreck.
But how do you make any meaningful legislative policy when one party is opposed to any meaningful progress and the only acceptable policy to them is to throw out and keep out anyone from another country? What kind of legitimate system can be created when the last GOP President enacted Draconian and cruel policies and was praised by his base for it? It is a practical impossibility.
A Collapse of the System
Biden has administered a kinder, gentler application of the policies than Trump ever did, but they are still the same policies Trump was using. These policies are wholly inadequate for the current situation. Republicans, in particular, have no incentive to help either, as watching the border become a bigger issue helps their cause, and watching Biden flounder in incompetence on the issue underscores the campaign arguments they want to make. So no changes are going to be forthcoming.
Come the end of Title 42, the border is simply going to be overwhelmed with people, and Customs and Border Security do not have enough people, facility and resources to handle the influx of nearly half a million people. Border cities and states do not have the capacity to accomodate that many people who will be requesting asylum and need to be housed while their cases are processed and pending. We are talking about a ballooning of the homeless, an increase in crime, a huge burden on the health care system, a lack of fundamental needs, a failure of infrastructure, and a bureaucratic catastrophe.
The response by the Biden Administration has been lackluster at best. They are aware of what is coming, have begun to mobilize necessary government resources but the volumes are wholly insufficient. Not to mention, his hands are somewhat tied since he is bound by what funding he has, and the U.S. Government is due to run out of funding by the end of the month.
I hate using the word “invasion” when talking about immigration. It’s not accurate. It conjures thoughts of a military incursion and an overrunning of the country by another. But I have to be honest, what we are going to witness at the end of this week is an immigration invasion and a potential humanitarian crisis. It will not be easy to watch.
PurpleAmerica’s Obscure Fact of the Day
It should come as no surprise that Mexico is the primary source for most immigrants coming to the United States. But can you name the #2 country?
It’s India, followed by China and the Phillipines. If you were to remove Mexico as a source, considerably more immigrants come from Asia than from Central and South America.
PurpleAmerica Cultural Criticism Corner
I’m a Milwaukee Bucks fan, and a huge fan of Giannis Antetokounmpo. The guy has been through a lot and truly appreciates what he has now. Although it doesn’t relate to the United States Immigration System, his story does offer a lot of insights into what immigrants have to endure (he was in Greece illegally for much of his adolescence, brought there by his parents).
First, I want to encourage you to read “Giannis: The Improbable Rise of an NBA Champion.” The book covers most of the period from his youth when he first discovers basketball to the completion of his first years in the NBA. It’s a stunning portrait of a family in poor conditions, trying to do the right thing, get by with what they have and make the most of it. Top notch reading.
Second, for those of you who don’t have time, I want to encourage you to watch the Disney film on him “Rise.” It covers much of the same time period until he was drafted, and glosses over much of the harsher realities of being an immigrant (it is a Disney film after all) but you can still get a good sense of what it was like. The trailer plays up his stardom, but in reality, that’s where the movie ends.
You won’t be disappointed.
Outstanding Tweet
Footnotes and Parting Thoughts
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In fact, the incentives for Republicans are so perverse, it would not surprise me if they were promoting central American and Mexican families to try and cross the border. For GOP administrations, it gives them the opportunity to look tough on immigration and for Dem administrations who want to handle it more humanely, it exacerbates the problem and makes them look incompetent at handling the issue.