Sunday, November 26, 2023

Biden has the right border plan, but need to remove arbitrary caps

Ilya Somin

Ilya Somin (Antonin Scalia Law School)

For a commentary by two Cato Institute affiliates (David Bier and Ilya Somin (Antonin Scalia Law School) encouraging President Biden to follow his immigration plan and not to follow in the footsteps of Donald Trump when it comes to enforcement, click here.  Their bottom line message:

"In response to high border crossings, President Joe Biden and Democrats in Congress appear ready to at least partially cave to demands to restrict asylum in negotiations on the contours of an ongoing deal.

This would be a grave mistake. It would hurt asylum-seekers but won’t stop illegal migration. Biden already has the right plan for the border. He just hasn’t fully implemented it.  

The best way to reduce pressure on the border from illegal migration is to make legal entry easier, and Biden’s 2023 immigration agenda included many of the necessary measures. Unfortunately, he hasn’t made them available widely enough, and this failure is leading to people entering illegally."


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"The best way to reduce pressure on the border from illegal migration is to make legal entry easier."

That only works if it is available to everyone who wants it, and that is never going to be the case. And don't forget the long waits if CBP One is the lawful pathway chosen. It's common for people to get impatient and cross illegally despite the fact that they have an appointment for an interview.

And I note that you say "legal entry," not lawful permanent residence. Biden's legal pathways don't lead to permanent lawful status. What is going to happen to all of those people when their parole expires and they can't get another extension?

And what will happen to the legitimate asylum seekers who never get a hearing because the asylum system is overwhelmed? Biden's solution seems to be to operate on a last in first out basis. That's great for new arrivals, but what about the ones who have been waiting for years to get a hearing?

Posted by: Nolan Rappaport | Nov 26, 2023 9:40:23 PM

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