President Joe Biden will reportedly announce pre-election border curbs on Tuesday, shortly after his border secretary posted regulations to help illegal economic migrants stay longer in the United States.
Multiple reports say Biden’s loopholed curbs would allow — not require — the exclusion of some migrants when crossings reach 2,500 per day for a week. The reversible policy accepts a border inflow of 900,000 illegal migrants per year — even as it quietly diverts many additional southern migrants through quasi-legal border loopholes, such as “parole.”
The pro-Biden media is celebrating the campaign trail policy change. The announcement “marks a striking shift in the administration toward embracing tougher measures at the border,” Axios claimed.
Pro-migration groups are gearing up to display theatrical opposition to Biden’s campaign trail response to his very unpopular migration policies.
The rule likely will be suspended by California’s pro-migration judge, Andrew Arthur, a former immigration judge who works for the Center for Immigration Studies. Biden’s deputies “expect it to be enjoined … [and to then sign a settlement] that makes it harder for the Trump administration to use that power” in 2025, he told Breitbart News.
The 2,500 daily intake would be lower than the 4,000 daily inflow reported in earlier media leaks.
It would add up to 75,000 migrants per month — which is lower than the last three months’ average inflow of 125,000 border migrants — in the unlikely event it survives the California judges.
But the pending Biden 2,500-a-day curb would still allow Biden’s pro-migration border chief, Alejandro Mayorkas, to smuggle millions of additional migrants through various quasi-legal loopholes in border law.
The loopholes include Mayorkas’ refusal to detain asylum-seeking migrants and his decision to offer parole to at least 360,000 migrants flying in from Cuba, Nicaragua, Haiti, and Venezuela every year. The monthly numbers also exclude so-called “getaways” who sneak past the poorly guarded fences and expect youth migrants who claim to be Unaccompanied Alien Children.
Mayorkas’ southern inflow is in addition to the legal inflow of 1 million legal immigrants and roughly 1 million temporary workers each year. Since 2021, Mayorkas has welcomed roughly 10 million legal, illegal, or quasi-legal migrants — or one migrant for every American birth — so imposing vast pocketbook damage on ordinary Americans.
Biden and Mayorkas have already outsourced much of the nation’s border security to Mexico’s government as they try to minimize the TV coverage of their migration flood.
For example, in January, Biden’s deputies bought Mexico’s promise to block more than 4,000 migrants per day from reaching the border, in a swap for welcoming more Mexican migrants. That deal has gotten little press, partly because it shows what Biden chose not to negotiate in 2021, and shows that Mexico’s pro-migration government wants to help Biden get reelected in November.
“We have committed to the United States to achieve a reduction of the flow to the border, so the number does not exceed 4,000 a day,” Mexico’s foreign minister said mid-May. U.S. officials “can manage the crossing of 4,000 people along their border, but no more than 4,000,” Foreign Minister Alicia Barcena said as she announced Mexico’s plan to regulate and direct migration through the region.
On Monday, Mexico elected a new pro-migration president, Claudia Sheinbaum. She has been very critical of President Donald Trump, saying, “Obviously, we are always going to defend Mexicans [in the United States, and] we are not in favor of any discriminatory discourse.”
Biden’s new border curbs are being touted as a way to reduce the inflow. But Mayorkas just posted regulations on May 16 that protect millions of illegal migrants from quick deportations.
Biden’s upcoming EO is sure to be a loophole-laden election year gimmick that will be immediately challenged by his allies in court.
So many classes of aliens will be exempt from the crossings count, and his industrial scale parole program will quietly continue (30k per month). https://t.co/RYSxdxAlnn
— National Immigration Center for Enforcement (@NICEnforcement) June 2, 2024
The new rules “throw sand in the gears of the removal proceedings,” Eli Jacobs, the regulatory affairs director at the Center for Immigration Studies told Breitbart News, adding:
There are many people in the Biden administration and leadership positions who find the immigration system to be immoral as prima facie matter and want to take every policy measure they can to ensure that people are able to remain in the United States.
They’ve put policies in place to help mass-cancel cases while they say, “Hey, we’re working on our backlog, it’s dropping.” But in reality, if you’re [a migrant] in the litigation process with the government, you will be there for a long time and [Biden’s deputies] just use [the backlog] as an excuse to cancel or close cases, and [also] to issue forms of prosecutorial discretion when the alien is not eligible for any form of relief or immigration benefit.
The sand-in-the-gears regulation was announced on May 16 in a press release about another policy promising that a small minority of recent migrants would get priority in the nation’s deportation and asylum courts:
“Today, we are instituting with the Department of Justice a process to accelerate asylum proceedings so that individuals who do not qualify for relief can be removed more quickly and those who do qualify can achieve protection sooner,” said Secretary of Homeland Security Alejandro N. Mayorkas.
…
In order to support these efforts, today the Justice Department also submitted to the Federal Register a final rule titled Efficient Case and Docket Management in Immigration Proceedings. The rule codifies procedures and standards for immigration adjudicators across the country to manage their dockets and resolve cases efficiently. The rule allows adjudicators to prioritize cases that are ready to be resolved promptly, enabling them to address their caseloads more efficiently and quickly. This rule is an important step the Justice Department is taking to promote the efficient, expeditious, and fair adjudication of immigration cases, allocate limited resources more efficiently, and ensure procedural protections for parties in immigration court.
The courthouse population of migrants is somewhere between 2.8 million and 3.6 million people.
This number is a 14-fold increase over the 186,000 cases in 2008, partly because Mayorkas helped break the immigration system by allowing more migrants to avoid detention from 2011 onwards and then get the jobs they needed to pay off their smuggling debts. The cartels used this new no-detention process to reassure millions of potential migrants that it was financially safe to accept debts to coyotes and their cartel networks.
TRAC Immigration, Syracuse University
Mayorkas’ backlog also helps encourage migrants by showing they can stay and work in the United States for several years before their first courthouse date. Many migrants this holiday from deportation to work and smuggle their children into the United States via the Unaccompanied Alien Children (UAC) transport network jointly run by Mexico’s cartels and coyotes and by Biden’s federal agencies.
Mayorkas has also pressured judges to lay migrants stay, even when the migrants clearly do not qualify for asylum.
Under Biden, 380,000 migrants have been allowed to stay without getting asylum. Under President Donald Trump, only 25,000 migrants were allowed to stay without getting asylum.
TRAC Immigration, Syracuse University
Even if denied asylum or residency, the migrants can go back to the courts to file appeals and to try additional options to get legal residency and green cards.
This resulting courthouse population of migrant workers, renters, and consumers is a windfall for employers, landlords, and retailers — but a pocketbook and civic disaster for more than 100 million Americans who lose wages, decent homes, and access to good schools amid the flood of Biden’s economic migrants.
Mayorkas’ backlog would take more than 21 years to eliminate, according to the Transactional Records Access Clearinghouse (TRAC).
Mayorkas is also spending billions of dollars each year via progressive-run civic organizations to help millions of migrants reach the U.S. border, get settled in housing that would otherwise go to Americans, and get jobs that would otherwise go to better-paid Americans.
The practical result of Biden’s Extraction Migration policy has been lower wages, higher housing costs, higher interest rates, lower productivity, and greater civic chaos for 330 million Americans.
Biden’s unpopular policy is “flooding America’s labor pool with millions of low-wage illegal migrants who are directly attacking the wages and opportunities of hard-working Americans,” said a May statement from Donald Trump’s campaign.
But Biden’s migration-fueled economic policy also provides huge windfall gains for Democratic donors, including investors, federal and state government agencies, as well as urban retailers, landlords, and employers.
