4 policy fixes to address the paradigm shift at the southern border

The Biden administration has asked Congress to: $106 billion in additional funding This year’s focus was on “national security priorities,” including Ukraine, Israel, and borders.

Notably, the administration is requesting $14 billion in border control funding, the same amount as for Israel. This request represents what the Administration considers to be our nation’s highest national security priorities.

The inclusion of border control on this list of defense and foreign policy priorities highlights the border crisis and the need for practical solutions to end it. But there is a distinct lack of serious discussion among policy leaders and lawmakers about how to solve the problem. Money alone is not enough.

Group of visiting researchers Cornell University School of Law Immigration Law and Policy Program recently A white paper has been published. We outline what we believe are three priority areas for immigration reform that have the potential to break the partisan impasse.

Along with suggestions for addressing labor shortages and the status of Dreamers, many of the papers propose solutions regarding borders. This recognizes both the central role border security plays in the current political climate and the dire need for practical, bipartisan solutions to this problem.

The paper notes the dramatic changes that have occurred across the border over the past decade, from Mexican immigrants seeking work to migrants from around the world seeking asylum, with the vast majority of those arrested quickly deported. It points to a shift from a state where an overwhelming number of immigrants are being deported. The U.S. will move from pursuing immigrants’ claims in immigration courts and Immigration and Customs Enforcement detaining immigrants for trial to mass releasing immigrants directly from Border Patrol onto the streets of shelters and border towns. has moved to

These changes represent what we believe is a new paradigm at the border that existing immigration laws, procedures, and infrastructure cannot solve. Instead, we propose the following policies to reform our current border and asylum systems.

1. Make it a priority to go after the smugglers and criminal cartels that make billions of dollars from desperate migrants and encourage illegal immigration.. These are not the small, unsophisticated “coyotes” of yore. The transnational criminal organizations that control the hemisphere’s drug trade now view migrant movement as another branch of their illicit business. And just as they have done with drug and money smuggling, these cartels are learning how to take advantage of inconsistent and changing border policies and processes to facilitate the arrival of large migrant groups. I’m constantly finding out.
2. Create alternatives for those seeking protection and allow migrants to make decisions long before they come to the border. Most migrants who arrive at the border do not understand the U.S. immigration system or what is required to enter the country legally (though smugglers try to keep them from knowing). Therefore, reaching out to immigrants before they head to the border can help them understand whether asylum is realistic for them or whether there are other legal ways to enter the United States. . Coinciding with expanding refugee processing in the region and creating alternative legal avenues for work and family reunification could ease some pressure from the border.
3. Reform the asylum system to restore border arrivals to their rightful place as a last resort for those in need of protection, rather than the first option for those seeking immigration. While some want to end all asylum applications at the border, most Americans still believe it can and should be done. provide protection to those who really need it.with the US International law also requires us to To do so. However, the current situation is overwhelming our systems. It cannot provide protection to those in need or return it as ineligible within a reasonable time frame. We propose creating separate expedited asylum procedures for migrants who illegally cross borders between ports of entry, while expanding and encouraging processing at ports of entry. Combined with alternative legal measures such as refugee processing in Latin American centers and expanded parole, these new incentives/disincentives will reduce the demand for smugglers and irregular migrants to more manageable levels, and It could return the Border Patrol to its original role of capturing refugees. To avoid capture.
4. Create a new immigration policy. Finally, given the dysfunctional coordination among many federal agencies and departments involved in the immigration system, which exacerbates border issues and makes consistent policy development and implementation nearly impossible, I propose the establishment of a new statutory Migration Policy Office. The White House will oversee policy and operational coordination and budget requests for the government’s efforts to implement all parts of the immigration system.

We understand the relationship between Congress and the White House as follows: I’m talking about some changes Heading to the border as part of a funding package. But getting Congress to legislate on immigration is an uphill battle. Still, political sloganeering and a return to failed strategies of the past will not solve the border security problem. We need new ideas. My co-authors and I hope that the white paper’s recommendations will inspire practical solutions.

Teresa Cardinal Brown is a distinguished visiting immigration scholar at Cornell University School of Law and a senior advisor at the Bipartisan Policy Center. Her views expressed here are her own.