Understanding Immigration Policy: The Role of Democrats, Republicans, and Biden's Administration
The ongoing debate over immigration in the United States often centers on the roles of political parties and the executive branch. This article aims to clarify the stance and actions of the Democrats, particularly the Biden administration, in the context of border security and the reality of current immigration policy.
Democrats and Immigration Policy
Democrat support for open borders is frequently misunderstood. The reality is that the Democrats advocate for comprehensive immigration reform that includes border security, family reunification, and a path to citizenship for undocumented immigrants. This approach is outlined in several policy proposals and advocacy from Democratic leaders.
Why Doesn't Joe Biden Secure the Borders?
The misconception that Joe Biden refuses to secure the borders is often fueled by political discourse and media narratives. In fact, the responsibility for securing borders lies primarily with Congress, not the President. Under current law, Congress is tasked with enacting policies and allocating resources for border security. It is Congress, not the President, who holds the authority to pass binding legislation that affects immigration policies.
For instance, the Republican-controlled Congress failed to pass bipartisan immigration reform bills, despite President Trump's initial support for such legislation. The Republican leadership in Congress has consistently blocked more liberal proposals, attributing this to the influence of MAGA supporters who advocate for a hardline stance. The result of this inaction has been that it is the President who can apprehend, detain, and deport undocumented immigrants, while Congress ultimately decides on the laws that govern how such actions are carried out and the procedures for legal and illegal immigration.
The Reality of Current Immigration Policy
The current state of immigration policy is shaped by the existing laws. The American Immigration Reform Act of 1986 allows for the granting of legal status to undocumented immigrants who entered the country before January 1, 1982. This law, while controversial, has been upheld and follows international treaties and U.S. laws.
Under current law, the President can only assert his authority to secure the border by mandating reforms and enforcing the laws already in place. A significant example is the 2015 Bipartisan Policy Commission on Immigration Reform, which proposed a $32 billion plan over 10 years to enhance border security, including more immigration judges and border patrol agents. The Trump administration supported this bill but ultimately failed to bring it to fruition, largely due to Republican opposition and resistance from the Senate majority led by Senate Majority Leader Mitch McConnell.
No Republican Counter Proposal
It is crucial to note that the Republican party has not presented an alternative plan to address the issues of border security and immigration reform. Instead, they have consistently opposed any comprehensive immigration reform, leaving the onus on the President to enforce existing laws. The failure to pass meaningful legislation has led to a political landscape where the President has to navigate the existing legal framework while managing public expectations and political realities.
Clearing the Myths: No 'Open Borders'
The term "open borders" is often misused and misunderstood. There are no countries with truly open borders, and the United States is no exception. The Biden administration has pursued a balanced approach to immigration, focusing on improving border security, increasing legal pathways for immigration, and addressing the root causes of migration.
Under current U.S. law, the President is legally bound to allow the entry of certain classes of asylum seekers, including those who may qualify for asylum under the 1951 Refugee Convention. This is in accordance with international law and treaty obligations. The President's legal ability to secure the border is limited to the extent that he can enforce existing laws and recommend policy changes to Congress.
The Constitutional Framework
The U.S. Constitution and the separation of powers between the executive and legislative branches are fundamental to understanding immigration policy. The President is responsible for enforcing laws and policies, while Congress wields the power to pass legislation. This means that the President cannot unilaterally change immigration laws; it is up to Congress to address the legislative needs of the nation.
Since the 2009 Obama administration and under the Trump and Biden administrations, all presidents have made similar requests to Congress to change or update the immigration laws. Congress has consistently declined to act, particularly the Republican-controlled Senate. This inaction has left the President in the position of managing existing laws and resources to address the issue.
It is important to recognize that the 1951 Refugee Convention and the 1967 Protocol are key international documents that the United States has ratified, requiring it to provide protection for refugees and asylees. These treaties obligate the United States to treat refugees and asylum seekers humanely and to follow international standards.
To summarize, the Democrats, particularly the Biden administration, support comprehensive immigration reform that includes border security, family reunification, and a pathway to citizenship for undocumented immigrants. The failure to secure the borders lies primarily with the Republican-controlled Congress, which has consistently blocked meaningful legislation. The President, while limited in his legal ability to secure the borders, can work within the existing legal framework to address the issue. Understanding this context is essential for clarifying the debate over U.S. immigration policy.