Bad immigration policy under Donald Trump remains bad policy under Joe Biden.
Biden campaigned on promises to reform immigration. Yet, too many of Trump's policies still remain.
The Biden administration this month extended a Trump border policy due to the ongoing pandemic. The administration said that it would be keeping in place Title 42, a health law that prohibits entry in the U.S. when the Centers for Disease Control and Prevention (CDC) believes there is a danger of disease being brought into the country. This allows authorities to quickly expel migrants, lest they spread the coronavirus. In a statement, the CDC said that Title 42 will remain in effect until “the Order is no longer necessary to protect the public health.”
Public health doesn't permit being anti-immigrant
This is a disappointing move from an administration that says it supports a “fair, orderly, and humane immigration system.” The use of Title 42 is rooted in politics, not public policy. Sadly, its continuation reflects a broader problem with the Biden White House. Seven months into his term, the president has still not prioritized critical reforms to our immigration system.
Public Health: Once we were all fighting COVID-19 together. Now it's us against the unvaccinated
The idea of restricting border crossings to stop the spread of the coronavirus sounds good, as does Title 42’s endorsement by the CDC. But Title 42 is narrowly aimed at migrants only. Public health experts have questioned the law’s usefulness, while federal courts have rejected its legal basis. Some of the CDC’s own doctors have argued that the law’s use was not based on public health and safety. In fact, the only reason Title 42 is in place is because in 2020 Vice President Mike Pence overruled CDC experts and ordered the measure to be implemented. Never mind that COVID-19 is all over the U.S. already, and that its persistence is due more to the unvaccinated among us, rather than immigrants. What was bad policy under Trump remains bad policy under Biden.
Unfortunately, Title 42 is one piece of a bigger picture, as Biden has not yet made a sharper break with the harmful immigration policies of his predecessor. Immigrant detentions have recently soared, with the number of detainees nearly doubling since February. Thousands of migrant children are still stuck in poor conditions in temporary shelters. And the administration has resumed fast-track deportation flights of migrants, which denies asylum-seekers the opportunity to make their claims before an immigration judge.
Biden certainly has taken positive steps on immigration. His administration restarted a program to help Central American minors, and it rolled back the “Remain in Mexico” policy, which forced asylum-seekers to stay in Mexico while they waited for their cases to be processed. (On Friday, a federal judge ordered that the policy be reinstated, but the Biden administration has time to appeal.) Instead of workplace raids, interior immigration enforcement is now focused on people who are threats to national security and public safety. However, just doing better than Trump on immigration is not enough.
Most Latinos recognize that the president is an ally to our communities. A May CNN analysis of Gallup polling during the Biden presidency found that his approval rating with Latinos is 72%, compared to his overall approval rating of 55%. Biden does not use harsh language to describe people from other countries, and he has demonstrated sound leadership in tackling the economy and the coronavirus. That’s what makes his reluctance to go bigger and bolder on immigration so puzzling.
True, the administration is probably concerned about appearing soft on immigration. The White House’s 21-point plan on immigration, for example, notes a commitment to border security and immigration enforcement. Yet, no matter what Biden does on immigration, Republicans will accuse him of favoring “open borders” and “amnesty.” He might as well fulfill his promises to his supporters, rather than trying to appease conservatives who will never back his immigration moves. Time is running out, too, because the closer we get to the midterms, the more hesitant that vulnerable Democrats will be to standing with the president on this issue.
Border Crisis: We met injured, dehydrated, exhausted migrants at the border. Listen to their pleas.
In this highly partisan era, some Latinos may feel uncomfortable criticizing a president who we see as an amigo. But pressure on Biden regarding immigration is needed now. Consider that DACA, which both Obama and Biden are proud of, was enacted only after relentless activism and protests by young immigrants who wanted to live and work without fear of deportation.
The extension of Title 42 was a mistake. The Biden administration can and must do better – and soon, before the president's grace period on immigration is over.
Raul A. Reyes is an attorney and a member of the Paste BN Board of Contributors. Follow him on Twitter: @RaulAReyes