Biden's Broken Promises: Immigration Laws Violated

President Biden's immigration policies have been a topic of debate, with some arguing that he has broken immigration laws. One of the most notable policies is the parole in place executive order, which aims to provide legal protection for undocumented spouses and children of US citizens. However, this policy has faced legal challenges, with a court ruling that Biden did not have the authority to implement it. Another controversial policy is the Asylum Ban, which bars asylum protection for those crossing through another country to reach the southern US border, contradicting American laws and values. Additionally, there has been an increase in encounters on the southern border, with Republicans claiming that Biden has allowed an invasion of migrants. While the statistics can be confusing, it's important to note that the Biden administration has also reversed some restrictive border policies enacted during the Trump administration, such as ending the Remain in Mexico program.

Biden's parole in place executive order

On June 18, 2024, President Joe Biden announced a significant executive order, the "parole-in-place" program, designed to promote family unity among mixed-status families in the United States. This program introduces a new directive to help noncitizen spouses and children of U.S. citizens apply for lawful permanent residence without leaving the country. By avoiding prolonged separations and potential legal complications, this initiative aims to keep families together.

The eligibility criteria for the "parole-in-place" program are specific and targeted towards certain noncitizen spouses and children of U.S. citizens. Applicants must be physically present in the United States without official admission or parole, which means they entered the country without being processed by an immigration officer at a port of entry. Additionally, individuals must have continuously resided in the country for at least ten years as of June 17, 2024, indicating an uninterrupted stay.

Another key criterion is the requirement of a legally valid marriage to a U.S. citizen as of the same date, ensuring that the relationship is recognized by law and established before the specified date. Applicants must also pass a criminal background check and not pose any threats to national security or public safety. The USCIS will conduct a holistic review of each applicant's case, including immigration history and contributions to the community, to determine eligibility.

Noncitizen children of spouses who qualify for parole may also be considered. These children must be physically present in the United States without official admission or parole and have a qualifying stepchild relationship with a U.S. citizen parent as defined by the Immigration and Nationality Act.

The application process for the "parole-in-place" program is expected to begin in the summer or early fall, with the Department of Homeland Security (DHS) publishing a Federal Register Notice outlining the necessary forms, filing fees, and required documentation. Approved applicants will be granted parole on a case-by-case basis for up to three years, during which they can apply for permanent residency and work authorization.

This executive order reflects the Biden administration's broader immigration policies, emphasizing family unity, humane treatment of immigrants, and the integration of long-term undocumented residents into the legal framework. It demonstrates a commitment to addressing immigration challenges through executive authority in the absence of comprehensive legislative reforms.

The Asylum Ban

The Biden administration's "Asylum Ban" has been in place since May 2023, when it was implemented following the end of the pandemic-era Title 42 policy. The ban prohibits people from seeking asylum protection if they have crossed through another country en route to the southern US border, unless they had previously applied for asylum and were denied, or if they managed to make an appointment through the CBP One App.

The "Asylum Ban" has been criticised for being counter to American laws and values, as seeking asylum is legal and a human right recognised in both US and international law. The ban prevents many asylum seekers from having a fair chance to present their case to an immigration judge. The International Rescue Committee (IRC) has urged the Biden administration to rescind the ban, stating that it weakens refugee protection standards and sends a counterproductive message to other countries hosting refugees.

Despite an initially successful legal challenge, the "Asylum Ban" remains in place. In June 2024, President Biden issued a further proclamation that suspended the right to asylum for those who arrive at unofficial entry points at the southern border or without a CBP One appointment. This was then amended in September 2024, tightening asylum restrictions even further.

The impact of the "Asylum Ban" has been significant, with asylum seekers being denied protection and forced into dangerous situations in Mexico, or pushed to make irregular crossings of the Rio Grande River and harsh desert terrain. The ban has also placed additional strain on Mexico's asylum system, which is already one of the largest recipients of asylum applications in the world.

Biden's southern border policies

Reversal of Trump-era Policies

Biden's administration has overturned some of the restrictive border policies enacted during the Trump administration, including ending the \"Remain in Mexico\" program, which forced asylum seekers to remain in Mexico while awaiting adjudication of their claims.

Initially, the Biden administration retained the pandemic-era Title 42 policy, which allowed for the expulsion of asylum seekers at the border without the opportunity to request protection. However, in May 2023, the Center for Disease Control declared the COVID emergency over, bringing this policy to an end.

"Asylum Ban"

In May 2023, the Biden administration implemented an "Asylum Ban," barring asylum protection for those who cross through another country on their way to the southern border without previously applying for asylum elsewhere or securing an appointment through the CBP One App. This policy has faced legal challenges and criticism from organizations like the International Rescue Committee (IRC), which argues that it restricts asylum access and violates U.S. refugee protection standards.

June 2024 Executive Order and September 2024 Amendment

The Biden administration's June 2024 executive order and its September 2024 amendment further limit asylum access at the southern border. The right to seek asylum is suspended until daily southern border encounters drop below 1,500 for 28 consecutive days, a challenging threshold to meet. This order has been characterized as harmful, counterproductive, and illegal by critics.

Parole-in-Place Executive Order

The Biden administration announced new legal protections for certain undocumented spouses and children of U.S. citizens and a small number of young people through the "parole in place" executive order. This policy has the potential to benefit an estimated 4% of the 12 million immigrants living in the U.S. without legal status. However, a court ruled that Biden lacked the authority to create this program, and as a result, no new applications are being accepted.

In summary, while Biden's southern border policies have aimed to reverse some restrictive Trump-era policies, they have also introduced new measures that limit asylum access and face legal and humanitarian criticism.

Biden's reversal of Trump's Migrant Protection Protocols

On June 1, 2021, President Joe Biden signed an executive order to terminate the Migrant Protection Protocols (MPP) program, also known as the "Remain in Mexico" policy, which was initiated by the Trump administration in 2019. The program required certain individuals seeking asylum at the U.S.-Mexico border to be returned to Mexico to await their U.S. court hearings. This policy affected approximately 65,000 asylum seekers, many of whom were left waiting in difficult conditions.

The Biden administration's decision to end the MPP program was part of a broader effort to reform the immigration system, address the root causes of irregular migration, and ensure safe, orderly, and humane processing at the border. The Department of Homeland Security (DHS) began processing individuals who had been previously enrolled in the MPP program and had pending cases before the Executive Office for Immigration Review (EOIR). This process included those whose immigration proceedings were terminated or who received removal orders in absentia.

The Biden administration emphasized the need to protect national and border security, address humanitarian challenges, and ensure public health and safety. DHS implemented COVID-19 safety precautions, including testing, face coverings, and social distancing for individuals being processed through the program. Additionally, the administration discouraged individuals from approaching the border without proper documentation or instructions and emphasized the dangers of attempting to cross the border illegally.

While the termination of the MPP program marked a significant shift from the Trump administration's hardline immigration policies, it faced criticism from some who argued that it could encourage a surge in migration. However, the Biden administration maintained that addressing the complex immigration challenges would take considerable time and required a more humane approach.

The reversal of the Migrant Protection Protocols was one of several executive actions taken by President Biden to undo his predecessor's restrictive immigration policies. Other actions included lifting the travel ban on Muslim-majority and African countries, halting the construction of the border wall, and preserving the Deferred Action for Childhood Arrivals (DACA) program. These moves signaled the Biden administration's commitment to a more welcoming and dignified immigration system.

Biden's use of Title 42

In June 2024, the Biden administration announced a new "parole in place" policy, which aimed to provide legal protections for undocumented spouses of US citizens and a small number of young people. This policy has the potential to benefit around 480,000 people, which equates to 4% of the 12 million immigrants living in the US without a legal path forward.

The policy outlines two categories of people who may qualify for parole. The first category includes some undocumented spouses and children of US citizens, who will be able to apply for a work permit and, in some cases, legal permanent residency. The second category includes certain people with a degree from a US college and a related job offer, who may be eligible for a work visa, which could also lead to legal permanent residency. To qualify, applicants must have resided in the US for 10 or more years and be legally married to a US citizen, meeting all applicable legal requirements.

However, a court ruled that President Biden did not have the authority to implement this program, and as a result, no new applications are being accepted. This has left millions of people in limbo, with Biden's administration and Congress facing calls to take more substantive actions toward a fair and dignified immigration system.

In addition to the "parole in place" policy, President Biden has also revoked several executive actions related to immigration, including Executive Order 14010, which aimed to address the causes of migration, manage migration throughout North and Central America, and provide safe and orderly processing of asylum seekers at the US border.

Frequently asked questions