This is the seventh edition of the Biden Tracking newsletter. This week the Biden Administration announced expansive new border policies, it was revealed that the Biden Administration was supporting Saudi Arabia even more than we previously thought, and the Department of Justice pursued the Death Penalty for the first time. It is Monday, January 9th, 2023, day 720 of the Biden Presidency.
This week, I decided to focus on the Biden Administration’s new border policies. Trying to offer a full explainer of both the good and the bad.
Here’s the full DHS press release from Thursday
On Thursday, the Biden Administration announced major Immigration Policy changes that include expansions to Title 42, the re-introduction of the Trump-era Asylum “Transit Ban” and an expansion of the Asylum parole program for four countries.
First the good, the Parole program is a good step in the right direction for making Asylum claims easier. Applying to Cubans, Haitians, and Nicaraguans, based on existing programs for Venezuelans and Ukrainians, migrants can now use an online application to apply for Asylum. To be approved for the program, Migrants must “pass rigorous biometric and biographic national security and public safety screening and vetting,” have a supporter in the United States who commits to providing financial and other support, not have crossed the Panama, Mexico, or United States border “irregularly” after January 6th, 2023, have a valid passport, and complete vaccinations and other public health requirements. The program is for 30,000 qualifying nationals per month from all four of these countries (the three new ones and Venezuela) and will include work permits. David Bier, of the Libertarian public policy thank tank Cato Institute, did find evidence that the initial version of the Parole Program, for Venezuelans, did shift “illegal migration” to this legal Parole program. Activists, myself included, have raised questions over whether requirements like having a valid passport, and having a financial backer in the United States, disproportionality helps more stable Asylum seekers. People who are less vulnerable than Asylum seekers who don’t have a passport and a financial backer. Regardless, the program does give new legal Asylum opportunities to thousands of at-risk people. The Biden administration is also expanding the use of the CBP One app. The app allows migrants to schedule an appointment for a Title 42 humanitarian exception without using an NGO at the border. Which should allow migrants to avoid the border when applying for a Title 42 exception. However, the American Immigration Council has raised some concerns about the use of the data collected through this app.
Unfortunately, there was also some bad news from this announcement. The Biden Administration is expanding the use of Title 42 for the new countries available for the Parole program (Cuba, Haiti, and Nicaragua), (which we noted in last week’s newsletter), as well as re-proposing a Trump era Asylum “Transit Ban.” With the expansion of Title 42, migrants from Cuba, Haiti, and Nicaragua, governments whom the United States has had difficult diplomatic relations with, will now be immediately sent back to Mexico, if they are apprehended in the United States and did not apply for a humanitarian exception from Title 42 or the Parole program. Migrants sent to Mexico through Title 42 have reported over 13,400 accounts of murder, torture, kidnapping, rape, and other violent attacks according to Democracy Now. Title 42 is an anti Asylum program. Asylum seekers without access to a passport or U.S. financial backer should not have to face violent attacks in a country they do not live in. As I’ve said before, any expansion of Title 42 is the Biden Administration showing they are Anti-Asylum. The Biden Administration argued, in a memo sent to lawmakers, that they were just following the Supreme Court order. But, as Aaron Reichlin-Melnick of the American Immigration Council points out, the Biden Administration chose to make a deal with the Mexican government to expand Title 42, but no court made them do that. The other disappointment was with the proposal of the re-introduction of a Trump-era Asylum “Transit Ban”. As exactly worded in the recent DHS press release: “Individuals who circumvent available, established pathways to lawful migration, and also fail to seek protection in a country through which they traveled on their way to the United States, will be subject to a rebuttable presumption of asylum ineligibility in the United States unless they meet exceptions that will be specified. Individuals who cannot establish a valid claim to protection under the standards set out in the new rule will be subject to prompt removal under Title 8 authorities, which carries a five-year ban on reentry.” It should be noted that this is a proposal, and hasn’t been enacted by the Biden Administration as of yet. It also has not yet been announced what the exceptions to the policy will be. (The Biden Administration has been arguing that the exceptions will be much looser than the exceptions on the Trump Administration version of the policy.) The press release also notes that “DHS and DOJ will invite public comment on the proposed rule,” so here’s my public comment: This policy is an example of Anti-Asylum behavior by the Biden Administration. Migrants must be allowed to apply for Asylum in the United States, regardless of what they did in countries they passed through. The United Nations has already made it clear that this policy is a violation of International Law. The ACLU successfully sued to stop the Trump Administration's version of this policy, and they will do so again if this policy is enacted, and they will win.
To sum up, I’m a believer that expanded access to legal immigration greatly decreases “illegal” immigration. The Biden Administration has taken the right step with the introduction of the Parole program. But by continuing to expand Title 42, and proposing a Trump-era anti-Asylum Transit Ban, the Biden Administration is showing they still are not doing enough for Asylum seekers.
Tuesday, January 3rd (Day 714)
Biden Administration Changes Fees For Visas
On Tuesday, the Biden Administration proposed new Visa fees that dramatically increase fees for employment-based Visas (often used by Companies to acquire cheap foreign labor), while keeping fees for Asylum seekers relatively static. The plan also includes new fee exemptions for victims of human trafficking and other crimes. Costs for applying to turn a temporary Visa into permanent residency would increase. These seem like generally good proposals by the Biden Administration, companies do exploit the employment Visa system. It remains to be seen if added costs, like the one to gain a Green Card, will be a hindrance for Migrants.
Thursday, January 5th (Day 716)
Biden Administration Drops Threats To Retaliate Against Saudi Arabia for 2022 Oil Production Cut
On Thursday, the Wall Street Journal reported that the Biden Administration was dropping threats to retaliate against Saudi Arabia for an oil production cut last year and is instead moving to step up security coordination to counter Iran. In October the Saudis rebuffed White House requests to delay the production cut, leading to President Biden vowing to work with Congress to impose unspecified “consequences” on Saudi Arabia. That will no longer happen. Instead, the United States is sending warplanes and bombers toward Iran in coordination with Saudi Arabia in separate shows of force meant to deter Tehran. The Biden Administration is once again putting arms sales before stopping relations with a genocidal Saudi regime. There is no reason for the United States to be conducting military exercises to protect this regime.
Saturday, January 7th (Day 718)
Department of Justice Persues The Death Penalty for the First Time Under President Biden
On Saturday, the New York Times reported that the Department of Justice was pursuing the Death Penalty for Sayfullo Saipov, the man accused of killing 8 people by running a truck down a Bike path in NYC while expressing allegiance to the terrorist group ISIL. This is the first time the Department of Justice has pursued the Death Penalty under President Biden. Biden campaigned on ending the federal Death Penalty, though he has not done so as of yet. What Saipov did is a truly terrible act, but if you want to end the Death Penalty, you have to end it for everyone.
Other news: