The United States entered a new era with the end of the pandemic-era Title 42 expulsions policy. The government’s hopes of maintaining order at the U.S.-Mexico border post-Title 42 may be complicated by factors including authorities’ limited capacity, ongoing litigation, and cooperation from other countries. This article reviews the Biden administration's changing border policies and possible challenges ahead.
The revised U.S.-Canada Safe Third Country Agreement closes what critics call a loophole that incentivizes unauthorized border crossings of asylum seekers. While responding to Canadian concerns of increasing irregular arrivals from the United States, the change—taken in tandem with U.S. moves at the U.S.-Mexico border—suggests that the Biden administration increasingly wants to rely on neighboring countries to respond to rising asylum claims.
Virtually all major U.S. immigration policy reforms have faced lawsuits in recent years, giving federal judges wide latitude to shape national policy. The situation, which began during the Obama administration and has escalated, is a byproduct of congressional inaction and the emergence of immigration as a political wedge issue. This article tracks the trend, which has added new volatility to the immigration system, and places it in context.
Pandemic-related U.S. policies have led to more than 2.6 million migrant expulsions at the U.S.-Mexico border, expanded public benefits to cover millions more U.S. residents, and offered free COVID-19 vaccines and treatment. Many of these policies are now likely to end as the Biden administration in May 2023 formally declares the pandemic to be over, although what comes next remains unclear.
At his term's midpoint, President Joe Biden has relied on executive action to advance his immigration agenda more than his predecessors, including Donald Trump. Yet many of the changes to interior enforcement, humanitarian protection, and other areas have been overshadowed by the record pace of arrivals at the U.S.-Mexico border, which has presented the administration with major policy and operational challenges.
Legal immigration to the United States fell to its lowest level in years during the COVID-19 pandemic, but preliminary data suggest it is returning to previous levels, belying predictions that the public-health crisis had allowed the Trump administration to make lasting, deep cuts. Yet the patterns have changed and persistent case processing backlogs could spell long-term problems, as this article explores.
The Biden administration’s policy to expel some Venezuelan border arrivals to Mexico marks a significant reversal. For the first time, the U.S. government is invoking the controversial Title 42 expulsions policy not on public-health grounds but as an explicit immigration enforcement measure. The expulsions are being paired with a new humanitarian parole program for up to 24,000 Venezuelans. This article assesses the policy and the uneven treatment of humanitarian migrants by nationality.
Operations by Texas, Florida, and Arizona to bus or fly asylum seekers and other migrants to Washington, DC, Martha's Vineyard, and other cities have succeeded in drawing attention to the unprecedented pace of U.S.-Mexico border arrivals. Described by some as political pawns, many migrants say the trips have upsides. Consequences aside, the transport of migrants by Republican governors raises the question whether a new era has begun: state-on-state fights over immigration.
The sluggishness of an overwhelmed U.S. immigration system and long lead times for refugee resettlement pushed government officials to use ad hoc pathways for Afghans and Ukrainians to enter the United States, with a two-year parole status given to most. This article examines the use of parole, the Uniting for Ukraine sponsorship program, and how the use of ad hoc statuses could evolve for future crises.
The Deferred Action for Childhood Arrivals (DACA) program reached its 10th anniversary in June 2022. This article reviews the evidence on DACA’s impacts for Dreamers and the broader society, looks at the increased reliance on similar limited legal statuses to help segments of the unauthorized immigrant population, and examines the legal challenges the program has and is continuing to face.
A recent uptick in the number of unauthorized migrants attempting to reach the United States by sea has been largely overshadowed by tensions on the southwest border but serves as an echo of eras past. This article explains why migrant interdictions have risen to recent highs, especially among Cubans and Haitians.
New Biden administration guidelines encourage immigration prosecutors to support dismissing many low-priority deportation cases and focus on criminals, threats to national security, and other priorities. This move could have a major impact on clearing backlogs in the overstretched U.S. immigration court system, resulting in quicker determinations in removal and asylum cases, where wait times can presently stretch for years.
The United States’ controversial Title 42 migrant expulsions policy will come to an end in May 2022, after more than 1.7 million expulsions over two years. The COVID-19-era public-health restriction ushered in an unprecedented period of mass expulsions, including of would-be asylum seekers, at the U.S.-Mexico border. Unwinding the policy will be complicated amid predictions of a significant increase in unauthorized migration.
President Joe Biden has made efforts to overhaul the U.S. immigration system, but could see his administration's agenda slowed by massive backlogs across the immigration system. Case application wait times and immigration court queues have swelled during the COVID-19 pandemic, slowing legal arrivals to the United States and undermining the entire immigration system.
While Donald Trump’s presidency is perceived as being the most active on immigration, touching nearly every aspect of the U.S. immigration system, President Joe Biden’s administration has far outpaced his predecessor in the number of executive actions taken during his first year in office—even as the pace of change has gone largely unnoticed, as this article explores.
The Biden administration's court-ordered restart of the controversial Migrant Protection Protocols, known informally as the Remain in Mexico policy, puts it in the awkward position of reviving a program it is simultaneously still trying to end. The Trump-era program forced tens of thousands of migrants to wait out the duration of their U.S. immigration court hearings in Mexico and was only questionably successful at deterring unauthorized arrivals.
U.S. immigration arrests have declined to the lowest level in years. Going forward, new U.S. Immigration and Customs Enforcement guidelines could further shape how authorities arrest and deport unauthorized immigrants and noncitizens who have committed crimes. This article describes how the Biden administration prosecutorial discretion guidance marks a sharp turn from the approach taken by the Trump administration.
After the terror attacks of September 11, 2001 the U.S. immigration system was retooled to have a strong national security focus. This restructuring had dramatic effects on government operations and resource allocations, not to mention on the lives of immigrants and the U.S. born alike. Twenty years on from 9/11, this article examines the changes put in place or accelerated as a result of the attacks.
The U.S. government is racing to speed up the evacuation and immigration of Afghan translators and others who provided assistance during the 20-year war in Afghanistan. The eleventh-hour moves are a response to long delays and backlogs that have plagued the Special Immigrant Visa (SIV) program since it was unveiled more than a decade ago. This article provides an overview of the SIV program and the rush to evacuate Afghan allies.
Texas seems set to become chief antagonist to President Joe Biden’s immigration agenda. This article explores Governor Greg Abbott's plans to build new barriers along the border, use state and local law enforcement to carry out arrests of unauthorized immigrants, and strip licensing from federally contracted shelters housing unaccompanied children.
Results from the 2020 census show that the U.S. population has been growing at its slowest rate since the Great Depression. Reduced immigration has been one component of this sluggish population growth, which could pose a problem for the United States as people age and strain public retirement systems. This U.S. Policy Beat article examines how immigration fits into the country's demographic puzzle.
During his first 100 days in office, U.S. President Joe Biden took more than three times as many executive actions on immigration as predecessor Donald Trump. While rising encounters at the U.S.-Mexico border have captured major attention, Biden has been remarkably active in areas that have received far less attention, including interior enforcement. This article explores the administration's actions during its first three months.
The number of unaccompanied child migrants at the U.S. southern border has risen, presenting President Joe Biden with challenges similar to those faced by his predecessors in 2014 and 2019. This article examines the previous episodes and evaluates how Biden is mirroring or deviating from previous presidents' responses.
President Joe Biden has grand ambitions to reshape the U.S. immigration system, but his administration has run into early stumbling blocks in rolling back the strict enforcement regime of his predecessor. Administrative resistance, a tangled web of legal agreements signed by the Trump administration, and anxieties about a possible uptick in immigrants and asylum seekers at the border have posed early challenges to Biden’s agenda.
The Biden administration has set the pace for what could be the most active first 100 days on immigration policy by any White House in recent memory—even that of predecessor Donald Trump. The efforts, which represent a dramatic break from the Trump administration's view of immigration as threat, are likely to meet stiff opposition on Capitol Hill and elsewhere. This article evaluates Biden's early actions and what they suggest about the White House's ambitions on immigration.