Biden’s Ex-Border Chief Blames Him for Border Disaster
The Biden administration is to blame for soaring asylum cases that have created a record years-long backlog in U.S. immigration courts, according to President Joe Biden’s own former Border Patrol chief.
“Several factors have contributed to this backlog, but the massive increase that we’re seeing today can be directly attributed to the Biden administration’s border and immigration policies,” Rodney Scott was the Border Patrol chief in both Trump’s and Biden’s administrations, he said.
“When the Biden administration went against the recommendations of experienced career border security professionals, terminated the Migrant Protection Protocols, canceled the Asylum Cooperative Agreements, and lowered the bar for credible fear determinations,” Scott said, “they sent a message worldwide and opened the flood gates for anyone that could make up a sad story or recite the one that was provided to them by the cartel and so-called migrant aid organizations operating in Mexico.”
Trump implemented the Migrant Protection Protocols, as well the Asylum Cooperative Agreements. The Remain In Mexico policy, also known as the Migrant Protection Protocols, allows some asylum seekers to remain in Mexico while waiting for their immigration court date. Rather than being detained or freed in the U.S., the former is often referred to as the Remain in Mexico Policy. The second is a set of agreements that were reached with Central American countries in order to curb asylum fraud and limit access to the U.S.
The Biden administration halted The agreements and has been trying for the end of the protocols. However, this month a federal judge stepped in to end the protocols. put a hold The ongoing legal efforts of the administration to end Remain in Mexico.
The years-long asylum backlog is a result of illegal attempts at crossing the southern border to continue reaching all-time highs. Critics slam the Biden administration’s inability to deter illegal immigration.
“While Congress owns the blame for leaving known loopholes in our immigration and asylum laws unaddressed, the massive increase in illegal border crossings and associated asylum claims falls squarely on the Biden administration and is a direct result of their failed policies,” Scott said.
Syracuse University’s Transactional Records Access Clearinghouse, (TRAC) was found in its latest assessment The largest number of asylum-seeking asylum applicants in history is nearly 1.6million.
About half this total — 778,084 asylum seekers — are waiting for hearings before U.S. Citizenship and Immigration Services (USCIS), asylum officers who are part of Department of Homeland Security.
The other half — 787,882 — are waiting for hearings before judges in the Justice Department’s Immigration Courts. This includes an increase of more than 30,000 cases in the first two months fiscal year 2023.
The Biden administration was established in March to speed up the asylum process and reduce the backlog. implemented A new rule allows USCIS asylum officers to give rulings on asylum cases instead of just judges.
TRAC reported that the average wait time for asylum court appearances has increased from 4.3 years to 4.3 years nationally. TRAC also noted that just over 100,000 asylum cases remained unresolved at the Immigration Court’s backlog as of the end of fiscal 2012. This means that the backlog has increased sevenfold over a decade.
Despite this, asylum backlogs don’t seem to be new. The number of asylum seekers has always exceeded the government agencies’ ability to process them quickly and fairly. However, this situation has dramatically changed in recent years.
“With political, economic, and environmental instability in places like Mexico, Venezuela, Haiti, Central America, Ukraine, and elsewhere, the United States has seen a growth in migrants’ needs that outpace even the growing number of Immigration Judges and asylum officers added by both Democratic and Republican administrations,” The TRAC analysis was stated.
Experts also believe that current U.S. government policy is another reason for the recent spike.
“The problem has been steadily getting worse under every administration, but President Trump put in place the Migrant Protection Protocols, which kept most potential asylum applicants out of the U.S. while they got their due process,” Simon Hankinson, Senior Research Fellow at Heritage Foundation’s Border Security and Immigration Center, said:
“The Biden administration then undid everything Trump did, for largely political reasons,” Hankinson was also added. “Biden and [Secretary of Homeland Security Alejandro] Mayorkas have super-charged an already vulnerable system by allowing in at least half the illegal migrants either apprehended at the border or who give themselves up at legal ports of entry. They process them quickly by taking their basic info, given them parole (an abuse of the statute’s intent) by the hundreds of thousands, and let them into the country to await a process which was taking years to run through even before the current wave … It’s a man-made disaster of historic proportions.”
Hankinson explained that asylum seekers must show proof of their country’s citizenship in order to be granted asylum under U.S. law. “past persecution or well-founded fear” Future persecution of people based on their race or religion, nationality, membership to a particular social group or political opinion.
However, the system now works. “is being exploited by millions of economic migrants,” He stated. “They are fleeing hardship of all kinds, including bad governments and weak economies, but up to 90% don’t meet the bar to get asylum. Because of current policy, they get to jump the long line of legal immigrants by simply showing up at the border.”
A recent survey by a report The Center for Immigration Studies reports that the rapidly increasing asylum backlog, which rose 22% from June 2021 through June 2022, has been reaffirmed by the Center for Immigration Studies. “postponing and reducing future legal immigration.”
Hankinson says there is no deterrent for those seeking asylum or dragging out the legal process. This factor, along with a wider failure to enforce laws against illegal migration, has incentivized people around the world to seek asylum. “take their chances on being let in.”
Meanwhile, there is a separate TRAC report Published earlier this month, the Immigration Court received 170 398 new cases in fiscal year 2023. This pushes the court’s total pending case backlog (not only asylum ones) to above 2 million for first time at November.
Although the court is increasing the number of cases it handles, the court can’t keep up to the increased volume of new filings.
“This is a huge problem on many levels and is getting worse every day,” Scott. It is similar to a home having a burst water line and then trying to repair it with a simple washcloth. Everything in the home will eventually become affected if the incoming water level continues to rise beyond any remediation efforts.
“Nearly every border town is already a disaster,” Scott continued. “We are now seeing cities like San Antonio, New York, Chicago, and Washington D.C. cry for help as the social service capabilities are exceeded.”
TRAC reports that asylum seekers come from 219 countries. However, almost 60% of those who apply for asylum are from just five countries, Guatemala, Honduras El Salvador, Mexico and Venezuela. However, children make up around 30% of those who seek asylum.
“The shifting composition of nationalities reflects not just the volume of individuals arriving at our borders seeking asylum, but the country’s policies and practices of which nationalities are being allowed to actually enter the U.S. and seek asylum,” TRAC. “Asylum seekers from the Northern Triangle countries and Mexico were usually immediately turned away under Title 42 and not allowed to enter and seek asylum. The Biden administration has created some exceptions to this policy, exceptions that have been structured by nationality.”
The Biden administration added Venezuelans can be added to the list.
Title 42 was not ended by the Biden administration. However, Tuesday’s Supreme Court decision made it clear that Title 42 would be repealed. ordered During a legal challenge, the measure remains in place.
The third TRAC was completed in the past three years analysis discussed how fiscal year 2022 marked the largest number of individuals granted asylum in any year in the Immigration Court’s history, with grant rates averaging 46% — up from 36% in fiscal year 2021.
“Not only were more asylum applications granted by immigration judges than ever before, but many asylum cases moved through the system faster due to a variety of Biden administration initiatives, including the Dedicated Docket,” The report stated. “In this program, families seeking asylum were given expedited proceedings and moved to the head of the line, in front of those waiting in the court’s existing case backlog.”
Biden’s Dedicated Docket Program was created by the Biden administration. announced By the Justice and Homeland Security department in May 2021 to be used as a means of “significantly decrease the amount of time it takes for migrants to have their cases adjudicated while still providing fair hearings for families seeking asylum at the border.”
Mayorkas stated at the time, that immigration proceedings should be initiated for families who cross the border. “have their cases decided in an orderly, efficient, and fair manner” “not languish in a multi-year backlog; today’s announcement is an important step for both justice and border security.”
TRAC reports, Title 42 rulings all come amid a historical surge in illegal migration.
The number of illegally crossing the southern border has increased sharply since Biden was elected to office. In fiscal year 2022, which ended September 30, the number of illegal crossings reached a record 2.38million, and 233,000 last month. This November was the most successful, according to data U.S. Customs and Border Protection.
These figures don’t include so-called “gotaways,” It is known that illegal immigrants have passed border agents. There were reportedly There were at most 73,000 gotaways in the last month alone.
“I believe it is obvious that what this administration is doing isn’t working,” Scott. “The keys to border security and putting integrity back into our immigration system are consequences and accountability. No one should be released into the U.S. until their case has been fully adjudicated. When a judge rules an alien has a legitimate asylum claim, they can be released into the U.S. But if the judge rules their claim doesn’t have merit, the alien should be immediately transferred for removal.”
Scott also demanded that the Biden administration force other countries to return their citizens. He also asked for Mexico to enforce its laws, and to accept any migrants who had crossed from Mexico.
“This last administration was making great progress in these areas. There’s no reason this administration could not reimplement that playbook.”
The Justice Department and USCIS didn’t respond when asked for comment on this story.
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