Biden’s asylum shut-down
The Biden Administration executive order setting a numerical threshold to shut down asylum is a performative exercise in futility. It is also cruel.
“This “asylum shutdown” will deny, in most cases, the right to seek asylum for migrants apprehended on the U.S. side of the border with Mexico. It goes into effect at 12:01 AM on June 5, and will remain in effect until two weeks after Border Patrol’s weekly average of migrant apprehensions drops below 1,500 per day. That hasn’t happened since July 2020, in the early days of the COVID-19 pandemic; in fact, 58 percent of all months this century (172 of 296) have seen daily averages above 1,500.
“Even then, the “asylum shutdown” would resume should the daily average again exceed 2,500 per day. It is over 3,500 per day right now; in fact, the U.S.-Mexico border has crossed that threshold in 110 of the past 296 months: 37 percent of this century.”
The fact that there *are* such things as border apprehensions gives the lie to the anti-immigration “open border” bleating. If you are apprehending, the border isn’t “open,” by definition.
The Biden policy is also illegal:
“The Refugee Act of 1980 (enshrined as Section 208 of the Immigration and Nationality Act, INA) states that any non-citizen on U.S. soil has the right to request asylum if they fear for their life or freedom “on account of race, religion, nationality, membership in a particular social group, or political opinion.” They must receive due process for their asylum request regardless of how they arrived in the United States.This law placed the United States in compliance with the Refugee Convention of 1951, which emerged after World War II when nations pledged never to repeat that era’s tragic turnbacks of people fleeing extermination campaigns. The executive action shuts down this legal right, based not on fleeing migrants’ protection needs but on a daily number.”
Some say that asylum seekers awaiting due process are “illegal.” That’s like saying I’m a shoplifter because I took something off the shelf and am standing in the check-out line.
And besides being cruel and illegal, the Biden policy is also futile. Policy changes like this have had short-term effects, but didn’t do much to deter immigration in the longer term.
“Changes trigger a “wait and see” effect: numbers plummet temporarily as migrants (and smugglers) evaluate how a new policy will deliver consequences, and in particular, which profiles of migrants it affects the most. This “wait and see” period fades quickly as migrants adapt to the new policy, and numbers recover. In the case of Title 42, migration numbers not only recovered, they spiked to historic levels: expulsions enabled repeat attempts to cross with no consequences, while migrants from distant countries realized that their chances of expulsion were minimal. Although harsher penalties for re-entry may deter some migrants, we have seen time and time again that people fleeing for their lives will continue to seek protection in the United States, regardless of the risks.”
Look, the Biden Administration is cracking down on asylum-seekers because there’s an election coming up and they want to disarm the GOP xenophobic critics.
What would a real solution look like?
“A better policy rests on having the capacity to give asylum seekers meaningful due process in less time than our current, badly backlogged system takes. That means vastly improving the adjudication capacity of a system that today has over 4,500 immigration cases per judge. It means vastly expanding the ability to process asylum seekers who arrive at ports of entry, a function that does not need to be filled by armed, uniformed law-enforcement officers. And it means effective case-management programs to keep asylum seekers on track within the byzantine U.S. immigration system, along with expanded access to legal counsel.”
Biden’s asylum crackdown is cruel, illegal and futile
Joel:
I definitely agree, it is cruel; however, we have Republicans selling people on the borders being wide open before the election and afterwards as was written here: “At the top of the list claiming open borders, you’ll find the Republican demagogues.”
Many people believe what the orange haired freak and the politicians purport rather than the reality of a future shrinking population of which a substantial amount will be old and needing care. They forget they may need a younger population trained in caring for the elderly. And someone to wipe their butts when the are too handicapped to do it themselves.
Fear of the foreigner coming to America just like many of their ancestors did. Fear of not enough room for more people. Fear of different customs and beliefs. Fear they may lose their portion of the pie or get a smaller piece due to the foreigners arriving at all borders of America.
In reality, we need them to replace us. And trump has already shown he has issues wiping his backside.
Demographic Outlook 2024 to 2054 Part II: Population Used by CBO to Project the Labor Force – Angry Bear
Handing the Retards what they want and they reject it anyways …
Ten Bears:
I would not insult those who are handicapped with those who are politicians. Perhaps, there is a better name for the latter?
“Vastly improving the adjudication system. . . ” How does one do that when Congress refuses to fund it?
Elect a different Congress. Just because it can’t happen under current political circumstances doesn’t mean it shouldn’t happen.
You’re complaining about current actions of the administration not advocating electing a new Congress. If, as you say, the Biden administration’s policy is illegal, then I’m sure you’re confident the courts will correct it.
The money issue is also the problem with the shipping of migrants to Democratic cities by the governors of Texas and Florida. The federal government should fund their care, not expect the cities to do so. But it won’t.
I think your blaming Biden is misplaced. Blame the Republican controlled Congress who are forcing Biden into the policies you dislike. If Trump is elected the likely cause will be a combination of the electorate’s dislike of the effects of migration and high prices at the grocery store. Ignore that at your peril.
@Jack,
“I think your blaming Biden is misplaced. Blame the Republican controlled Congress who are forcing Biden into the policies you dislike.”
I blame both. The GOP Congress (House majority and Senate minority) is certainly to blame for not engaging in good-faith negotiations after Trump told them it would hurt his chances in November. But I don’t buy a “see what you made me do” excuse for the Biden Administration.
” . . . then I’m sure you’re confident the courts will correct it.”
LOL! I’m confident of no such thing. IANAL, but that doesn’t mean I’m blind or stupid. US courts have increasingly been dominated by right-wing zealots (exemplified by Alito) who will claw at any sophistry to justify their pre-ordained conclusions. I’ll leave the prophecies to others.
i think the R’s don’t so much teach fear of foreigners as profit from inborn human trait.
i also suspect “skin color” is not the basis for fear of other. any “other” is threatening until proved otherwise.
i think dislike of population growth is quite reasonable, but probably something we cannot avoid.
we don’t need to be cruel in managing immigration, but that appears to be the default option for all “law enforcement”.
i am not too interested in living after i need someone else to wipe my butt, but i don’t expect anyone to agree with me about that.
we don’t need immigrants to replace our labor force, but if all we can think of is more workers to produce more plastic toys in soul destroying labor…we will get what we deserve.
i am not sure all those immigrants will be satisfied with butt wiping jobs.
both Florida and especially Texas were “conquered” when first the Spanish, and then the Mexican governments invited Americans to settle in their country…no doubt to provide the “labor” to tame the wilderness and create wealth for themselves (that is, the original owners).
oops…not the original original owners…that would be the indians…but the conquistador class of original owners. the indians had their own problems with fear of the other…in their case, for the first ten thousand years, other indians.
Unfortunately, what the courts will allow or disallow in this country is the definition of “legal” and “illegal”. You probably should use the terms “right” and “wrong”, or “moral” and “immoral” instead. Your cynicism about “the courts” should be directed at the Supreme Court. The lower courts in the federal system are largely politically neutral. Quite a large number of them have been appointed by Biden. There is, of course, Judge Cannon in Florida and the 5th Circuit Court of Appeals in New Orleans providing the exceptions that prove the rule.
@Jack,
“There is, of course, Judge Cannon in Florida and the 5th Circuit Court of Appeals in New Orleans providing the exceptions that prove the rule.”
They are examples, not exceptions. They make my point, as do Alito and Thomas.
joel
my obversation tells me that courts are cruel and stupid…because the law is cruel and stupid . probably an unavoidable consequence of human nature: not that we are born cruel, but that we are born into a pre-existing situation that forces us to be cruel, given the limitations of human intelligence.
as for”proving the rule,” i was taught that proving originally meang “testing”
but usage has caused it to come to mean something like “proves that the rule is correct.” which is absurd, but there is that human intelligence thing.
I’m glad you understood I was using it in the absurd sense.
Ms. Cannon lacked the experience to be a Federal Judge.
Joel
i agree with you. go a little further. once they are here find them jobs at prevaiing wages…not illegal immigrant wages. and work on improving conditions political and economic south of the border. i would look into the possibility of creating a mini-state on either side of the border with the intent of creating a self sustaining economy and an effective non-corrupt government. if israel could do it, so can we… or “them.” [israel is a country made by immigrants. at least our little experiement would not have a “palestinian”problem.]
“Would not have a Palestinian problem”. Are you sure about that? Whose land would you take to create your “mini-state”. And how would you create a “non-corrupt” government there?
i wouldn’t “take” anyone’s land.” the present government..whichever side of the border…would continue to own it’s own land.
i think the mexican side of the border would be better because of language and culture. I think the american side would have a better chance of establishing a stable non-corrupt political system. [if overseen by the feds, not Texas.].
I don’t know much about the factories established on the Mexican side of the border in recent years, but that could be a place to begin.
if you’re thinking about “taking” private land, i was imagining good old capitalism would just buy it for a fair price, one factory or one farm or one subdivision at a time.
i don’t claim to know how to do this myself, but it is essentially what Israel was expected to do, and largely did before it became a war zone [maybe “except” here is a better word than “before”]. it is also in some ways what MacArthur did in Japan
The U.N., at the instance of Britain and the United States, “gave” the land to Israel out of the British “protectorate” within which it had been contested by Zionists and Palestinian residents for many years. Israelis claim the Palestinian residents “left”. The residents’ descendants claim they were “expelled”. Behavior on the West Bank suggests the Palestinian claim is probably valid.
As to Israel’s alleged reputation of freedom from corruption, I think Netanyahu has been charged with precisely that and was attempting to change the court system to avoid trial before the current hostilities began.
However you envision that working at the U.S./Mexican border, the land will be taken from its current residents. What would you do if the residents didn’t want to sell?
It’s an academic exercise, of course.
jackd
the academic exercise is your “what ifs”
corruption is a fact of life. compare israel to south of the border and you may detect degrees of corruption, as for ‘oo expelled ‘oo…there was a war going on that started as far as i know when arab countries invafed israel on the day of its creation. its creation may have been a bad idea, but then maybe so was the united nations…or is it one of those unintended consequences kind of things. i suspect…don’t know… that if Arab politicians…speaking of corruption….had just left things alone, the jews and resident Palestininians might have made a democratic country out of it. but, as you say, that is now academic. what is NOT academic is what we can do about it.
i get really tired of store-bought political rhetoric.
as to what if they refuse to sell. i mentioned capitalism. i doubt any one owner owns enough land to refuse to sell enough property to the individual factories, farmers, developers who would be financed by the usual means. how did chicago get started?
Dale
The Balfour promise and the Sykes-Picot division of the Ottoman Empire. How Britain Destroyed the Palestinian Homeland
Bill
i think there are other narratives.
They took it from the Indians and a number of people were slaughtered at Fort Dearborn as a consequence.
If I was guilty of “store bought political rhetoric”‘, I apologize but wasn’t conscious using it.
Jackd
store bought: no one ever is. yes i know about the indians. still, aside from the problem of immigrants how does any city/country grow? someone owns the land probably by conquest or just “original possession.” someone else buys it or steals it. and somehow other people come in and buy or steal it and develop it….either in a somewhat enlightened way, or by despotism. I have always thought that the State now known as Israel should have been located in Orange County, CA.
I thought it should be in Germany. They were basically being given a non European place to go which would get them out of Europe is the cynical way of looking at it.
When I was stationed in Nuernberg in the 60’s I was made aware of an irony in the Marienplatz. There is a cast iron obelisk which depicts German notable figures from its history intertwined with Jewish figures from the Jewish bible. It was a gift to the city from the resident Jews in gratitude for being allowed to return from Furth, the neighboring town, after the Plague, which had been blamed on the Jews, causing them to be expelled. The city also is the home of the Stadium where Hitler gave many of his speeches, of course.
As you say, places are obtained by conquest or purchase or a combination of the two just as Israel was once taken from the Canaanites.
Bill
” it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.”
I guess we see what we want to see. does it strike you at all that the anger of the Palestinians is anything like the anti-immigrationists in this country?
There have been a lot of wars and a lot of people displaced before and since 1917 and those injustices were “solved”according to the lights…and power…of those involved. why privilege the Palestinians with a right to terrorism to rectify the injustice done to them?
I don’t think the “palestininans ever “owned” the land, and I am sure they got a better deal and from the jews, terrorism aside, than they got from the Ottomans.
try not to accuse me of being a partisan to either side….i just get tired of store bought rhetoric.
and anyway, the topic was what can we do for the displaced people coming to us for refuge.