Conflict Alerts # 640, 7 June 2024
Dhriti Mukherjee In the news
On 4 June, the White House announced new border measures after the administration of US President Joe Biden decided to impose fresh restrictions, claiming the US "must secure" its borders. Under this measure, if the average number of unauthorized daily crossings passes 2,500, other unauthorized migrants will not be allowed to cross the border. Migrants who arrive at the border but are not fearful of returning to their home countries will be removed from the US and could face a five-year bar from re-entering the US or even prosecution.
On 5 June, the regulations came into effect and are scheduled to remain in place until the average number of unauthorized daily crossings drops below 1,500 for two weeks; however, they will be reimposed if the numbers increase. Unaccompanied minors and people thought to be human trafficking victims will be exempted from the decree.
While announcing the executive order, Biden stated: "I will never demonize immigrants. I will never refer to immigrants as poisoning the blood of our country. And further, I'll never separate children from their families at the border. I will not ban people from this country because of their religious beliefs."
Republican House Speaker Mike Johnson stated: "It's window dressing. Everybody knows that if he were concerned about the border, he would have done this a long time ago." The UN High Commissioner for Refugees (UNHCR) called the US to "reconsider restrictions that undermine the fundamental right to seek asylum."
Issues at large
First, the migrant crisis across the US-Mexico border. Since Biden entered office, more than 6.3 million migrants have been detained crossing into the US, a number higher than during the administration of previous presidents. As per government statistics, the majority of the encounters have historically involved individuals from Mexico, El Salvador, Guatemala, and Honduras. However, in December 2023, 54 per cent of these encounters also included people from Venezuela (nearly 47,000) and China (nearly 6,000). A similar pattern was observed in 2021, with unauthorized immigrants from India (725,000), Canada, Brazil, and former Soviet Union countries.
Second, the US-Mexico border crisis. Under Biden's administration, the number of agents and officers on the border increased to over 24,000, while thousands of additional support personnel were added. Despite this, officials are unable to handle the influx of migrants. There is a surge management issue regarding maintaining a workforce to deal with the fluctuating situation. Between October 2021 and 2023, the number of land border encounters had more than tripled, while the number of border agents did not.
Third, an overview of US strategies since Trump. Under the administration of former US President Donald Trump, the border policy was stricter. In March 2020, his administration invoked the controversial statute Title 42, which allowed US authorities to expel migrants and asylum seekers at the border swiftly. Under this, 400,000 were detained and expelled until Trump left office. In January 2019, his administration implemented Migrant Protection Protocols, which forced asylum seekers to wait in Mexico until their immigration hearings. Under this policy, 70,000 were returned to Mexico, where many spent months and were often subject to gang violence. Additionally, his administration has a "zero-tolerance" policy, which empowered authorities to deport adults who crossed the border illegally. Between 2017 and 2021, at least 3,900 children were separated from their parents.
Fourth, humanitarian law, migration and asylum. Human rights organizations looked at two issues while responding to the order- the right to asylum and the right to access safe territory. The UN highlighted how seeking asylum is a "fundamental human right and access to asylum for those in need is paramount." The UNHCR warned that a person with a "well-founded fear of being persecuted in their country of origin must have access to safe territory and have this claim assessed before being subject to deportation." The UN's International Organisation for Migration (IOM) also acknowledged the "challenges posed by the increasing irregular crossings." Still, it underscored the need for measures to "respect the fundamental right to seek asylum."
Fifth, a divided debate in the US over migration. According to a 2024 survey by the Pew Research Center, 80 per cent of Americans say the US government is handling the migrant influx poorly. Seventy per cent of Republicans consider the influx a 'crisis' while 44 per cent of Democrats see it as a 'major problem.' Democrats have proposed the creation of jobs in the US as a solution to the issue. However, 72 per cent of Republicans say expanding the wall along the southern border would help the issue.