U.S. asylum laws were originally created to provide protection for individuals fleeing harm, with the aim of avoiding a repeat of the injustices faced by those fleeing persecution during the Holocaust. However, these laws have now come under scrutiny, with many attributing the chaos and inhumanity at the southern border to them.
During the pandemic, former President Donald Trump implemented Title 42, which allowed authorities to reject asylum seekers in order to prevent the spread of the virus. Although these restrictions were later lifted by President Biden, the administration adopted a strategy to discourage new asylum seekers from journeying to the border on foot. This approach included the introduction of legal pathways, such as a parole program for individuals from select countries like Cuba and Haiti, allowing them to enter the U.S. legally for a minimum of two years, provided they have a financial sponsor in the country. The intention was to deter migrants from embarking on dangerous journeys with smugglers across multiple continents.
While this approach represented progress, it was accompanied by a policy that prevents certain asylum-seekers at the border from seeking protection in the U.S. Most migrants are required to secure an appointment at an official port of entry, which is challenging to obtain. Failure to do so exposes them to expedited removal unless they can prove they sought legal protection in another country along the way.
In a recent ruling, a federal court deemed the president’s asylum ban unlawful. However, the U.S. Court of Appeals for the Ninth Circuit has temporarily suspended this ruling to allow the administration to appeal.
It is essential to recognize that the nation’s asylum system was not designed to accommodate the needs of all forced migrants. Given the global challenges we face, it is crucial that we reimagine the country’s immigration framework. Until Congress takes action, the president can alleviate pressure on the asylum system and grant migrants the ability to work legally in the United States.
Having witnessed how the southwestern border was exploited to obstruct immigration reform, as someone who grew up in Las Cruces, N.M., I was motivated to pursue a career in immigration policy and work in the Obama and Biden administrations. However, I left government when it became clear that partisan disputes over border crossing numbers undermined any chances of reform in Congress.
Abandoning our moral obligation to protect asylum seekers is not a viable solution. Instead, we should offer individuals new legal options to work and reunite with their families in the United States. Although far from perfect, the parole program for Cubans, Haitians, Nicaraguans, and Venezuelans implemented by the Biden administration could serve as a model for what is possible. This program provides safer alternatives for individuals who may not meet the legal requirements for asylum but have urgent humanitarian reasons to escape their homes.
Suspending access to asylum during the pandemic resulted in a significant increase in border crossings, and it allowed the U.S. government to send individuals back to countries where they would be exposed to kidnapping, assault, and even death. The Biden administration now argues that lifting the asylum ban will lead to a surge at the border. However, even with the ban in place, a substantial number of people have been making their way to the U.S.-Mexico border. This clearly demonstrates the need for a better legal solution.
Although comprehensive immigration reform is currently stalled, President Biden has options to further improve the situation. He can exercise his authority to grant Temporary Protected Status to hundreds of thousands of work-authorized Venezuelans, benefiting both immigrants and the communities that welcome them. An analysis by FWD.us, a bipartisan group founded by American business leaders advocating for more humane immigration reform, revealed that T.P.S. holders contribute $22 billion in wages annually to the U.S. economy.
Additionally, the administration should work towards increasing the number of appointments at ports of entry, expanding the list of countries eligible for parole, removing caps on urgent resettlement needs (as done for Ukraine), and allocating more resources to expedite asylum case adjudications. These measures would be more effective in alleviating pressure on the asylum system than relying on an asylum ban to deter new migrants.
If proponents of secure borders genuinely wish to reduce illegal crossings and unauthorized migration, they should support Mr. Biden’s efforts to establish new legal pathways. Unfortunately, a coalition of Republican attorneys general is challenging the president’s parole program, while Senate Republicans are attempting to eliminate the same authority that allowed temporary resettlement of Afghans in the United States. Notably, no challenges have been made to the use of parole to bring Ukrainians to the U.S.
These actions demonstrate that the current battle over the border does not revolve around the number of individuals attempting to enter the country but rather who is deserving of entry. American voters may not have strong opinions about the future of the asylum system or the legal pathways being created, but both parties’ supporters dislike the chaos and human suffering that have defined this issue for the past decade. Over a million American citizens have signed up to sponsor migrants from Cuba, Haiti, Venezuela, and Nicaragua.
In a period of unprecedented global displacement, we cannot continue to wait for Congress to modernize our immigration laws. Creating safe legal pathways benefits both the individuals using our immigration system and the broader community. While President Biden has taken critical steps to provide migrants with better options, with no prospect of congressional action in the near future, further measures are necessary.
Andrea R. Flores is the vice president for immigration policy and campaigns at FWD.us.
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