For the past two months, a small group of senators from both parties has been negotiating a deal to address the crisis at our southern border. The lawmakers are united in their desire to stop unauthorized migrants from entering the United States — an ambitious objective that has eluded past administrations.
But the policies under discussion are likely to drive more unauthorized migration to the border and make President Biden’s immigration challenges even worse.
In December border officials processed some 300,000 migrants — the most recorded in a single month. Over the past decade, Republican leaders in Congress have failed to come to the table to negotiate on immigration policies that Americans support, and yet they have created the false perception that Trump-era policies can solve the border crisis. Mr. Trump’s record on immigration shows it’s just not that simple.
The negotiations demonstrate how far the immigration debate has shifted away from solutions that once defined bipartisan immigration reform efforts, like a 2013 Senate bill that would have prioritized border security and a path to legal status and eventual citizenship for the estimated 11 million to 12 million undocumented immigrants living in the United States.
In 2016, Donald Trump killed broad support in his party for this type of deal by casting immigrants as threats to our nation. As president, he restricted the number of immigrants coming to the United States, separated families, and dismantled our immigration courts, hampering the ability to process asylum seekers at the border. And yet in 2019, under his watch, there was a 90 percent increase in migrant apprehensions along the southern border compared to the year before.
Today, as the crisis is being felt not just along the border but also in cities across the nation, voters strongly disapprove of President Biden’s handling of the border. His administration has not taken meaningful action to stop Republican-controlled states from sending buses full of asylum seekers to cities with no advance notice or to step in with a federal solution. As a result, Democrats are now more open to working toward a solution that reduces unauthorized immigration.
The proposed deal would simultaneously restrict and expand executive authority. For starters, Mr. Biden could lose key powers that presidents have used for decades to regulate immigration in times of crisis. Worse, if Mr. Trump is re-elected, he will have new tools at his disposal that he could use to terrorize immigrants and make the chaos at the border even more acute.
As a former government official who has worked in the executive and legislative branches to identify solutions to mass migration at the southern border, I agree with lawmakers that the status quo is unsustainable and that reforms are needed. But this deal will not alleviate Mr. Biden’s border challenges unless Congress builds legal migration pathways that weaken cartels who have profited the most from new asylum restrictions.
Take the reported expulsion authority that Senate negotiators are considering. The policy would allow border officials to expel migrants without asylum screenings. That may appear to be an effective deterrence measure but similar asylum restrictions, including Title 42, have proved otherwise. When I served on the National Security Council, I examined whether expulsions played a role in reducing smuggling activity. The data showed that not only did more people attempt to cross than before, but they also took more dangerous routes, guided by smugglers who profited handsomely.
Instead of what is on the table now, Democrats should learn from past mistakes and fight for a plan that would create more legal pathways, incentivize people to seek asylum at our ports of entry, expedite asylum claims so that people who are eligible can work and contribute to our economy, and deport people who do not have valid legal claims to stay in the United States. Congress must grant Mr. Biden’s request for funding to hire agents and asylum officers to process migrants in a humane and orderly fashion — which a majority of voters support.
The most nonsensical demand in the current border deal is that Senate Republicans want to restrict the president’s parole authority. In January 2023, Mr. Biden announced a series of measures aimed at stemming unauthorized crossings, including new legal pathways for migrants from Cuba, Haiti and Nicaragua. The president invoked his powers to extend parole to people from these countries who had an American sponsor, giving them permission to work and apply for asylum if they hoped to stay beyond two years. And it worked. The data shows that apprehension of these migrants declined by 92 percent within a year.
Democrats may think that it is worth embracing punitive immigration policies for the hope of improving Mr. Biden’s polling numbers. But if these lawmakers really want to stop people from coming here, they must also address the drivers of migration.
Deteriorating conditions in Latin America and the Caribbean guarantee that more migrants will be forced to seek refuge in the United States. Democrats should incentivize countries across the region to build capacity to protect asylum seekers, create legal pathways and increase foreign aid and humanitarian assistance to help would-be migrants live safely closer to home.
In the short term, the White House can demonstrate leadership by using every tool at its disposal to accelerate the processing of asylum cases, work with regional partners to find protection for migrants before they make their way to the border and develop a federal response to help cities buckling under the strain of absorbing tens of thousands of migrants. An administration capable of welcoming more than 70,000 Afghans and coordinating their arrival in communities around the country is equally capable of coordinating the arrival of asylum seekers and identifying temporary federal housing to relieve communities struggling to provide housing.
There is too much at stake for Democrats to accept the terms of this Senate proposal. While it is understandable to want to fix the vulnerabilities at the border, Mr. Trump and his advisers have been clear that terrorizing immigrants is central to their second-term agenda. He has promised to round up immigrants in camps and conduct mass deportations. He has accused immigrants of “poisoning the blood of our country.”
Mr. Biden has begun his re-election campaign with a promise to protect our democracy from these harms. Yet by compromising on policies that are likely to increase unauthorized migration at the border, he risks emboldening Mr. Trump and his ilk to step up their attacks on immigrants. On Jan. 5, Gov. Greg Abbott of Texas said in a radio interview that the state isn’t “shooting people” illegally crossing the border because “the Biden administration would charge us with murder.”
Mr. Biden must help voters understand that the border won’t change until Congress builds the immigration system our country needs. This political moment demands ambitious solutions that can address the scope of today’s migration challenge, not a set of policies that will keep us stuck in the same failed legal framework of the past decade.
Andrea R. Flores is the vice president for immigration policy and campaigns at FWD.us.
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