The Impact of Biden’s Anti-Immigration Measures

Despite the increase in applications in recent years, Biden has granted half the number of asylum requests as Obama and only 22% more than Trump

This week, after congratulating apparent president-elect of Mexico Claudia Sheinbaum on her election victory, U.S. President Joe Biden signed an executive order that has caused quite a stir. The order, which holds Congress responsible for allegedly failing to address the immigration issue, limits asylum requests by immigrants who cross illegally. It then calls for the suspension and limitation of entry by persons who are not U.S. citizens when daily detentions in a period of seven consecutive days exceed 2,500. This suspension will be stopped when, over 14 days, the average of weekly detentions is less than 1,500 people per day. The reality is that, in April alone, there were weeks with almost 4,000 detentions daily; at the end of 2023, there were as many as 10,000 and even 12,000 daily detentions. Based on this, the measure will very probably remain in effect most of the time.

This executive order was issued as the U.S. election is getting rolling. It is intended to attract voters who have criticized Biden for being half-hearted on the immigration issue, as contrasted with Donald Trump’s approach. However, the measure will mainly affect the migrant population. Mexico will also be affected, suffering the direct consequences of people from Haiti, Cuba, Nicaragua and Venezuela being deported from the U.S. to Mexico. Although the measure exempts groups like unaccompanied minors, it does not take into consideration minors traveling with family units which, for the past couple of years, have been in the majority. In 2024 alone, 500,000 families have been detained by the border patrol.

The continuing use of Mexico for the return of people from third countries, without an agreement with our country, without coordination, with no resources provided for taking care of these groups, violates their rights. This is what happened with Title 42 earlier, when, with the excuse of the pandemic, people from seven different countries were deported to Mexico. As the United Nations High Commissioner for Refugees has already stated, U.S. measures that raise obstacles to applying for and being granted asylum contravene U.S. statutes and international law. In spite of the increase in requests in recent years, the Biden administration has granted only half as many asylum requests as Obama and only 22% more than Trump.

The Republicans have successfully positioned the issue of migration as one of the principal concerns of U.S. voters in the face of the upcoming election, successfully planting in the media and in the electorate the idea that Biden has implemented an open-door policy on the border.

Mexican President Andrés Manuel López Obrador, following the call with his U.S. counterpart, said that the border would not be closed and that the two countries would continue to maintain cordial relations and cooperation. Once again, it appears that there is information in private conversations between the two presidents that is not being made public, because the communiques issued by the two countries are not clear on the issues that could most affect Mexico and the people in transit.

On the U.S. side, pro-immigrant organizations have challenged the measure because it infringes on migrants’ human rights. Because of that, it will no doubt be challenged in that country’s courts. In the short term, however, it will serve Biden by sending a loud and clear message to voters, while at the same time causing fear and possibly convincing migrants not to attempt to enter the U.S.

This measure is an example of the challenges on the issue of immigration that will face the next Mexican president. It is to be hoped that she will anticipate them, and with assertiveness and an experienced team, succeed in improving the conditions and the agreements with our neighbor to the north.