Immigration and the Southern Border in the U.S.

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States far from the US-Mexico border are rushing to pass tough immigration laws Some Republican-led states are rushing to give broader powers to local police and impose criminal penalties for those living in the U.S. illegally as the issue of immigration enforcement remains central to the 2024 elections. Read more.

Key points: What’s the latest: Oklahoma is among several states jockeying to push deeper into immigration enforcement. State Governor Kevin Stitt signed a bill on Tuesday that creates the new crime of “impermissible occupation,” which imposes penalties of as much as two years in prison for being in the state illegally.    What’s happening in Texas: Lawmakers in Oklahoma, Iowa and Idaho have followed Texas' lead after Gov. Greg Abbott signed a bill last year that would allow the state to arrest and deport people who enter the U.S. illegally. That law is currently on hold while the 5th U.S. Circuit Court of Appeals considers a challenge brought by the U.S. Department of Justice.   What happens next: Like Texas’ new law, many of the bills are almost certain to face legal challenges because immigration is a federal, not a state, issue under the U.S. Constitution, said Kelli Stump, the president-elect of the American Immigration Lawyers Association.

RELATED COVERAGE ➤ US and Mexico will boost deportation flights and enforcement to crack down on illegal migration   More than half of foreign-born people in US live in just 4 states and half are naturalized citizens   Trump says he’ll use National Guard to deport migrants, doubling down on anti-immigration rhetoric

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A Year Ago, 40 Migrants Died in a Fire at a Mexican Detention Facility. Who Should Be Blamed?

Long before the Juárez detention center erupted in flames, U.S. and Mexico leaders were aware of the danger. A ProPublica-Texas Tribune examination shows that landmark shifts in U.S. border policies helped sow the seeds of a tragedy.

https://www.propublica.org/article/us-immigration-asylum-policy-juarez-fire?

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⚡ Scoop: Biden beefs up border team

Photo illustration: Sarah Grillo/Axios. Photos: Jeff Swensen, Brandon Bell via Getty Images

The Biden administration is eyeing a new point guard on border issues, with plans to bring in the Department of Homeland Security's Blas Nuñez-Neto, Axios' Stef W. Kight and Alex Thompson have learned. Why it matters: A lack of ownership among senior White House officials has hampered President Biden's ability to respond to the border, which has become one of his most vulnerable election issues. Nuñez-Neto has been closely involved with border issues as assistant secretary for border and immigration policy at DHS.

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GOP's age split

By Stef W. Kight

Data: The Harris Poll; Chart: Axios Visuals Young Republicans are notably more moderate on immigration than the elders in their party, according to an Axios Vibes survey by The Harris Poll. Why it matters: The Trump-led GOP has embraced a hardline stance on immigration, but younger party members are more skeptical of the GOP's political narratives on the subject. Gen Z Republicans are more likely to support more legal immigration pathways. They're more likely to question negative narratives about immigrants than older generations, the survey found. They're less likely than Boomer and Gen X Republicans to back some of Trump's most aggressive plans to crack down on illegal immigration. Zoom in: Even where a significant majority of Republicans in Gen Z agree with those in Generation X and the Boomer Generation, a closer look often reveals they agree less emphatically. Only 33% of Gen Z Republicans "strongly" agreed that illegal immigration is unfair to those who come illegally, compared to 70% in older generations. Just 28% of Gen Z felt strongly that immigrants' character is worse today than 50 years ago, about half of the older age group. The other side: Gen Z Republicans are still more concerned about immigration overall than their peers of other political identities. 63% said illegal immigration is a problem for U.S. communities, compared to 39% of Gen Z Democrats. 61% of Gen Z Republicans believe illegal immigration is linked to crime spikes, compared to 45% of Gen Z Democrats.

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🗳️ Scoop: Biden hits Trump on border

Screenshot: Biden campaign ad The Biden campaign is launching a digital ad to remind Latino voters of President Trump's family separation policy at the border — officially announced six years ago today — which resulted in 3,000+ kids being taken from their parents. Why it matters: The Biden campaign is upping its effort to puncture what they see as nostalgia for Trump's four years in office. Zoom in: The ad, "Ripped Apart," interlaces video of Trump making anti-immigrant comments with the cries of children separated from their parents. The other side: Trump spokesperson Karoline Leavitt said he "will restore his effective immigration policies ... and marshal every federal and state power necessary to institute the largest deportation operation of illegal criminals, drug dealers, and human traffickers in American history." Watch the ad.

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"If migrant deaths would lead to policy change, we would have changed policies a long time ago."

— Stephanie Leutert, an immigration expert and former Biden administration official, on a fire at a detention center that killed 40 men. A ProPublica-Texas Tribune investigation shows that landmark shifts in U.S. border policies helped sow the seeds of a tragedy.

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Biden prepares to unveil new asylum change

Biden administration officials are readying to publish a new rule to more rapidly reject some migrants from asylum soon after crossing the border, Axios has learned.

https://www.axios.com/2024/05/08/biden-migrants-asylum-restrictions-border-crossing?

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Dems' border offensive

Democrats are preparing to flip the tables on the GOP on immigration, with an aggressive border rule paired with a political push in D.C.

Zoom in: "Democrats are going to make it clear which party is working to fix our broken border, and which party is conspiring to make it worse." Senate Majority Leader Chuck Schumer (D-N.Y.) said this afternoon.

• Schumer is seriously considering bringing the failed bipartisan border deal back to the floor for a vote later this month, Axios' Stef Kight scooped this afternoon.
• Meanwhile, Biden administration officials are getting ready to publish a new rule to more rapidly reject some migrants from asylum soon after crossing the border, Stef has learned.

The bottom line: This is a big change for Democrats, who have been hesitant for years to directly deal with the border issue.

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New rule aims to speed up removal of limited group of migrants who don’t qualify for asylum A new Biden administration rule announced Thursday aims to speed up asylum processing at the southern border for a limited group of people believed to have committed serious crimes or who have terrorist links and ultimately more quickly eject them from the country. Read more.

Why this matters: The change comes as the administration has been struggling to demonstrate to voters during an election where immigration is a key issue. Republicans have consistently slammed the Biden administration over policies that they say have worsened problems at the southern border.   Under U.S. and international law, anyone who comes to the U.S. can ask for asylum. To be granted asylum they must prove persecution or fear of persecution on account of race, religion, nationality, or political opinion. It’s a high bar and the majority of people who apply ultimately don’t qualify, or they wait years because of overloaded immigration courts.   Critics have questioned whether the asylum system should be fundamentally changed to make it more restrictive while others say the U.S. has a moral obligation to protect people fleeing for their lives.

RELATED COVERAGE ➤ Biden administration will seek partial end to special court oversight of child migrants   China and US resume cooperation on deportation as Chinese immigrants rush in from southern border   Man indicted in killing of Laken Riley, a Georgia case at the center of national immigration debate

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Asylum seekers with criminal records would be more quickly removed under Biden proposal

WASHINGTON — The Biden administration announced Thursday it’s proposing changes to the asylum system that would allow immigration officials to reject asylum seekers who have a criminal record that poses a threat to national security or public safety and quickly remove them.

https://floridaphoenix.com/2024/05/09/asylum-seekers-with-criminal-records-would-be-more-quickly-removed-under-biden-proposal/?

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Trump suggests Chinese migrants are in the US to build an ‘army.’ The migrants tell another story The daily struggle to find work for Chinese immigrants living illegally in a borough of New York is a far cry from the picture Donald Trump and other Republicans have sought to paint. Read more.

Why this matters: Since the start of the year, as the Chinese newcomers have been trying to find their footing in the U.S., Trump has alluded to “fighting-age” or “military-age” Chinese men at least six times and suggested at least twice they were forming a migrant “army.” It’s a talking point that is being amplified in conservative media and on social platforms.   As Trump and others exploit a surge in Chinese border crossings and real concerns about China’s geopolitical threat to further their political aims, Asian advocacy organizations are worried that the rhetoric could encourage further harassment and violence toward the Asian community.   The U.S. and China just recently began cooperating again to deport Chinese immigrants who were in the country illegally. Yet with tens of thousands of Chinese newcomers who have crossed into the U.S. illegally, there has been no evidence that they have tried to mount a military force or training network.

RELATED COVERAGE ➤ About 4 in 10 Americans see China as an enemy, a Pew report shows. That’s a five-year high   Biden hikes tariffs on Chinese EVs, solar cells, steel, aluminum — and snipes at Trump   WATCH: President Biden gives fiery speech calling Trump a “loser” at APAICS

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US House Democrats Voted to Give 'Illegal Immigrants' New Representation in Elections?

On May 8, 2024, Stephen Miller, former adviser to 2024 U.S. Republican presidential candidate (and former president) Donald Trump, claimed on X that U.S. House Democrats had voted to give Electoral College representation to undocumented immigrants (archived😞

https://www.snopes.com/news/2024/05/10/democrats-immigrants-elections-representation/?

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NYC is starting to evict people in migrant shelters under stricter rules New York City stepped up its efforts to push migrants out of its overwhelmed shelters Wednesday as it began enforcing a new rule that limits some adult asylum-seekers to a month in the system before they have to find a bed on their own. Read more.

Why this matters: Before the new rule came into effect, adult migrants without children were still limited to 30 days in a shelter, but they were able to immediately reapply for a new bed with no questions asked. Immigrant rights and homeless advocates say they’re closely monitoring the eviction process, which impacts some 15,000 migrant adults.   Mayor Eric Adams had asked a court in October to suspend the “right to shelter” requirement entirely, but the move was opposed by immigrant rights and homeless advocacy groups. City officials say migrants need to show they’re making “significant efforts to resettle,” such as applying for work authorization or asylum, or searching for a job or an apartment.   The move comes as Denver, another city that’s seen an influx of migrants, embarks on an ambitious migrant support program that includes six-month apartment stays and intensive job preparation for those who can’t yet legally work. Meanwhile, Chicago has imposed 60-day shelter limits on adult migrants with no option for renewal, and Massachusetts has capped stays for families to nine months, starting in June.

RELATED COVERAGE ➤ New immigration court docket aims to speed up removals of newly arrived migrants   Denver launches ambitious migrant program, breaking from the short-term shelter approach   DOJ adds Oklahoma to the list of states it’s suing to block their immigration laws

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Praise for U.S. judge who blocked FL’s restriction on transporting undocumented immigrants

Immigrant-rights organizations are cheering a federal judge who blocked enforcement of a Florida law criminalizing transportation of undocumented immigrants into the state.

https://floridaphoenix.com/2024/05/23/praise-for-u-s-judge-who-blocked-fls-restriction-on-transporting-undocumented-immigrants/?

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Biden to announce drastic border action on Tuesday

President Biden is expected to announce a sweeping executive action intended to crack down on illegal border crossings.

https://www.axios.com/2024/06/03/biden-border-executive-order-immigration-asylum?

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Biden's border gambit

Photo illustration: Shoshana Gordon/Axios. Photos: Agencia Press South, John Moore, Kevin Dietsch, Patrick T. Fallon/AFP via Getty Images

President Biden will issue an executive order today that allows him to dramatically limit asylum claims at the Southwest border — granting himself the power that congressional Republicans twice have denied him, Axios' Hans Nichols and Stef W. Kight write. Why it matters: Five months before the election, Biden wants to neutralize what could be his biggest political vulnerability against former President Trump — immigration. The order will allow border officials to rapidly turn back immigrants — without giving them a chance at asylum — when illegal border crossings reach an average of 2,500 a day. There have been an average of 3,700 illegal crossings a day over the last three weeks, according to internal stats obtained by Axios. So the order could go into effect immediately. Crossings between legal ports of entry have plummeted from December's record high of 250,000 encounters and have remained relatively stable ever since. 🔎 Between the lines: Biden's timing is guided by both real-world and political factors. Crossings tend to rise in the summer months, just when voter attention will be increasing. Biden debates Trump on CNN on June 27. The ex-president is relishing the chance to skewer Biden's border policies face-to-face. The order comes less than two weeks after a move by Senate Majority Leader Chuck Schumer to put Republicans in a position to kill a bipartisan border deal on the Senate floor for a second time. It's two days after elections in Mexico. Claudia Sheinbaum, Mexico's president-elect, has indicated she'll continue her predecessor's policy of working with U.S. authorities. 🔭 Zoom out: Biden is acknowledging a 2024 political reality. Unchecked immigration has become deeply unpopular across all demographics, with a slight majority of Americans backing mass deportations, as Trump has proposed. Biden is rooting his action in the same section of the federal code that Trump used for his border restrictions and his temporary "Muslim ban." Officials bristle at those comparisons and note Biden's approach will include some humanitarian exemptions. Still, it's a remarkable shift in American politics.

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Biden's border cutoff

A drone view of the U.S.-Mexico border wall yesterday in Jacumba Hot Springs, Calif. Photo: Go Nakamura/Reuters President Biden's new executive order on illegal migration marks the administration's most aggressive border action yet, Axios' Stef W. Kight reports. Under the order, which takes effect immediately, migrants who illegally cross the U.S.-Mexico border will largely be blocked from asylum and could face fast-tracked deportation, Biden officials say. Removal to Mexico or a migrant's home country could happen in a matter of hours. 🔎 Between the lines: The U.S. will depend on Mexico to take in migrants rejected under the order. But officials didn't indicate that Mexico will expand its existing cooperation. Congress hasn't provided new funds to help carry out such a shift in process and policy. And the administration is preparing for fast legal challenges. Reality check: Border numbers have fallen drastically from the record high in December, and they've held relatively steady for most of this year. Still, Biden is announcing these measures with "Congress failing to act and in the face of the summer months when we typically see encounters increase," a senior official told reporters. Go deeper. Biden rolls out asylum restrictions, months in the making, to help ‘gain control’ of the border WASHINGTON (AP) — President Joe Biden on Tuesday unveiled plans to enact immediate significant restrictions on migrants seeking asylum at the U.S.-Mexico border as the White House tries to neutralize immigration as a political liability ahead of the November elections. https://apnews.com/article/biden-asylum-migration-immigration-mexico-border-dec5f83b468b5795479bf1f5e49799d5?

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Immigration

 

President Joe Biden on Tuesday announced new immigration restrictions that will allow the administration to ban asylum seekers who cross the US-Mexico border illegally. The executive action marks the administration's most dramatic move on the southern border yet as Biden tries to gain the upper hand on immigration just weeks from the first presidential debate — by using the same authority former President Donald Trump tried to use in office. The measure could be turned on and off and would be lifted when there's a daily average of fewer than 1,500 encounters between ports of entry, officials said. Several progressives blasted the move and the ACLU said it intends to file a lawsuit to stop the action from going into effect.

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Hundreds of asylum-seekers are camped out near Seattle. There’s a vacant motel next door About 240 asylum-seekers are camping in the lot next to a busy highway and a vacant motel owned by King County. The county purchased the 85-room motel as an emergency quarantine shelter during the pandemic, but it says it doesn't have the resources to open it for the migrants. Read more.

Why this matters: President Joe Biden is attempting to restrict asylum and neutralize immigration as a political liability ahead of this fall’s election. Polls have found immigration and border security to be a top issue this election year and one that has been seized on by former President Donald Trump and his Republican campaign.   The asylum-seekers are hoping police don't follow through on threats to arrest them for trespassing. Kent police last weekend posted a 48-hour eviction notice at the encampment, saying the migrants did not have permission to be at the county-controlled property. But as the deadline came and went Tuesday, authorities backtracked, giving the migrants breathing room as they hope for long-term shelter.

RELATED COVERAGE ➤ Texas sheriff says 7 suspects arrested, 11 migrants hospitalized after sting near San Antonio   Migrants are rattled and unsure as deportations begin under new rule halting asylum   The ACLU is making plans to fight Trump’s promises of immigrant raids and mass deportations

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Boston pizza shop owner convicted of forced labor against employees in the country illegally

BOSTON (AP) — The owner of two Boston-area pizza shops was convicted of forced labor on Friday for using physical violence and threats of reprisal or deportation against employees living in the country illegally to make them work long hours, sometimes seven days a week.

https://apnews.com/article/boston-pizza-shop-owner-convicted-forced-labor-charges-053269294a616e2e847dc9f284e50a75?

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👀 Kristof backs Trump (-ish)

Border Patrol agents talk with migrants seeking asylum near Dulzura, Calif., last week. Photo: Gregory Bull/AP N.Y. Times columnist Nick Kristof endorses President Biden's Trump-like decision to curb access to asylum: "Are we, the people of an immigrant nation, pulling up the ladder after we have boarded? Yes, to some degree. But the reality is that we can't absorb everyone who wants in, and it's better that the ladder be raised in an orderly way by reasonable people." Kristof writes: "Given the choices, I trust Biden more than Trump to adopt tougher policies that are still" humane. Gift link (no subscription needed).

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Immigration

 

President Joe Biden is considering a major move to provide legal status for long-term undocumented immigrants who are married to American citizens, sources tell CNN. Though final details have not been decided, officials are reviewing an existing legal authority that would shield select undocumented immigrants from deportation and allow them to work legally in the country as they seek citizenship. This comes days after President Biden announced an executive action that bars migrants crossing the border illegally from seeking asylum — with some limited exceptions — if the number of encountered by border agents exceeds a daily average of 2,500. The average daily illegal crossings have for years surpassed that threshold, peaking at over 8,000 in December, according to the Department of Homeland Security. 

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Immigration group pleads for help bringing deported relatives back to the U.S.

WASHINGTON – The Ohio Immigrant Alliance is calling upon members of Congress to bring deported family members back home to the United States.

https://floridaphoenix.com/2024/06/15/immigration-group-pleads-for-help-bringing-deported-relatives-back-to-the-u-s/?

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Biden’s new plan could grant half a million immigrants US citizenship In an aggressive election-year action on immigration, the White House announced Tuesday that the Biden administration will, in the coming months, allow certain spouses of U.S. citizens without legal status to apply for permanent residency and, eventually, citizenship. Read more.

Why this matters: The policy will allow roughly 490,000 spouses of U.S. citizens an opportunity to apply for a “parole in place” program where, if a qualifying immigrant’s application is approved, he or she would receive a temporary work permit,  have three years to apply for a green card and be shielded from deportation in the meantime.   Earlier this month, a restrictive border policy passed by the administration angered many of Biden's allies, with critics calling the clampdown similar to those pursued by his predecessor, Donald Trump.   This announcement is a significant marker for Biden, as he will also announce new regulations that will allow certain DACA beneficiaries and other young immigrants to more easily qualify for long-established work visas.

RELATED COVERAGE ➤ Trump blasts immigrants for taking jobs as he courts voters at a MAGA event in Detroit   Some Mexican shelters see crowding south of the border as Biden’s asylum ban takes hold   Secret Service agent robbed at gunpoint during Biden’s Los Angeles trip, police say

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⚡ Breaking: Biden's border concession

Half a million undocumented immigrants married to U.S. citizens may get an easier path to citizenship under a new program announced by President Biden this morning, Axios' Astrid Galván writes.

• Why it matters: Biden has been in hot water with immigrant advocates after restricting asylum access at the border earlier this month.

Obtaining legal status after marrying a citizen is a long and cumbersome process that requires people who entered the U.S. without authorization to move to their home country for at least 10 years.

• That means many immigrants don't apply for legal permanent residence — a key requirement to eventually become a citizen — and live in limbo.

Zoom in: Under the proposed rule, roughly 500,000 immigrants in the country without authorization — and 50,000 people under 21 whose parent is married to a citizen — will be able to apply for a green card without leaving the country.

• They'll also be eligible for a three-year work permit.

Keep reading ...

 

The Biden administration will announce an executive action today that will shield certain undocumented spouses and children of US citizens from deportation. The policy will provide legal status and protections for about 500,000 American families and roughly 50,000 noncitizen children of immigrants under the age of 21 whose parent is married to a US citizen, a senior administration official said. The move amounts to one of the federal government's biggest relief programs for undocumented immigrants since the DACA program was announced in 2012. The action is aimed at appealing to key Latino constituencies in battleground states — including Arizona, Nevada and Georgia — that will be crucial for Biden's chances to win a second term.