In 2017, under the Trump administration, the Department of Justice implemented the “zero-tolerance” policy for undocumented immigrants cross...
In 2017, under the Trump administration, the Department of Justice implemented the “zero-tolerance” policy for undocumented immigrants crossing the US border. This policy included separating immigrant children from their parents. It has been considered a human rights violation and was marked by reckless incompetence and intentional cruelty. When President Biden was elected, he promised to roll back the previous administration’s policies but has failed to live up to that promise. In fact, his administration has continued to separate families through detention and deportation without adequate policies to protect family unity.
Recently, Vice President Kamala Harris advised Central Americans not to come to the US-Mexico border. The Biden administration's 2023 budget proposal seeks hundreds of millions of dollars for border surveillance technology, additional agents, and more funding for Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE).
5 Major Reason Why U.S. Immigration Policy Is Failing
- The issue of immigration policy is highly politicized because it involves national security and economic concerns.
- Immigration has been a polarizing topic in U.S. politics for decades, with both major political parties taking strong positions on the issue.
- Politicians often use immigration policy to appeal to their base and to differentiate themselves from their opponents.
- Many people have strong opinions about immigration due to personal experiences or cultural values, which can further fuel political debates.
- Immigration policy also affects the U.S. labor market, with some arguing that immigrants take jobs from U.S. citizens while others claim that they fill jobs that Americans are unwilling to do.
This has raised concerns among human rights groups that the administration is militarizing the borders even more than the Trump administration. Despite President Biden’s claim that budgets are a moral document, his administration has maintained spending levels on ICE and CBP at the same levels as the Trump administration. The US Supreme Court has also made a ruling that Border Patrol agents are typically shielded from lawsuits for the use of excessive force.
The Biden administration claims to be pushing for reforms that will not only address the root causes of migration but also provide a path to citizenship for the millions of undocumented immigrants who call the United States home.
As the Biden Administration continues to face criticism for its handling of immigration policy, advocates and activists are calling for a more compassionate and humane approach to the issue. They argue that the United States has a moral obligation to welcome and protect those who are fleeing violence and persecution, and to provide a path to citizenship for those who have lived and worked in this country for years.
In the face of mounting pressure from advocates and activists, the Biden Administration has taken some steps to address the issue. In addition to creating the task force to reunite families, the administration has also proposed a sweeping immigration reform bill, the U.S. Citizenship Act of 2021, which would provide a path to citizenship for millions of undocumented immigrants and address the root causes of migration.
However, the bill has yet to pass Congress, and the Biden Administration's handling of immigration policy continues to draw criticism. As the debate over immigration policy continues, one thing is clear: the United States must do more to address the root causes of migration, protect the rights of immigrants and refugees, and provide a path to citizenship for the millions of undocumented immigrants who call this country home.
U.S. Border Policy Continues To Fail Because Of:
- The policy also has significant economic implications, as immigrants contribute to the U.S. economy through taxes, spending, and entrepreneurship.
- The issue of illegal immigration adds an additional layer of complexity, as politicians are divided on whether to take a more punitive approach or a more compassionate one.
- Immigration policy is also closely tied to U.S. foreign policy, as refugees and asylum seekers often flee violence and political turmoil in their home countries.
- The U.S. government has historically taken a contradictory approach to immigration, with some policies encouraging immigration while others restrict it.
- The complexity and diversity of the U.S. immigration system, which involves multiple federal agencies and numerous visa categories, make it difficult to create comprehensive immigration reform.
In June 2021, Physicians for Human Rights (PHR), a New York–based human rights organization led by health professionals, along with the ACLU, published “Behind Closed Doors: Abuse and Retaliation Against Hunger Strikers in U.S. Immigration Detention,” a report that examines the abusive treatment by ICE employees of hunger strikers from 2013 to 2020, during the administrations of both Presidents Barack Obama and Donald Trump.
In response to the appalling conditions at many ICE facilities, some detainees have protested the inhumane treatment with hunger strikes. Those hunger strikes have been met with harsh punishment and excessive force, including the use of tear gas, rubber bullets, beatings, forced feeding, hydration, and catheterization, solitary confinement, and retaliatory deportations, the report said.
“There is still a great deal of secrecy around abuses against hunger strikers in detention, but media and NGO reports indicate that these abuses have continued into Biden’s presidency,” Joanna Naples-Mitchell, a research adviser for PHR and co-author of “Behind Closed Doors,” tells The Progressive.
Following the report’s publication, members of PHR and the ACLU met with Biden Administration officials in July 2021, to push for an end to the harsh conditions in immigrant detention facilities. To date, Naples-Mitchell says, “PHR has yet to see a significant policy shift on the treatment of hunger strikers.”
Historically, Democratic and Republican leaders have worked together on issues involving the “trinity of bipartisanship”—funding for the Pentagon, law enforcement agencies, and immigration enforcement agencies. As the Institute for Policy Studies noted, for the last two decades, the United States has spent $21 trillion “on foreign and domestic militarization.”
“This is part of a larger problem of militarization in this country,” the National Priorities Project’s Koshgarian says. “Our first priority would be to cut funding for Border Patrol and ICE, for putting people behind bars, [and] for arming Border Patrol with military weapons. We need a bigger overhaul of our immigration system . . . . We need to open the door for people to realize this country has perfectly adequate resources to take care of everyone here, and then some.”
“We need to open the door for people to realize this country has perfectly adequate resources to take care of everyone here, and then some.”
The problems with immigration law enforcement long preceded Trump. In 2003, ICE and CBP were created by the Homeland Security Act as agencies within DHS. For nearly two decades, their budgets have consistently increased, and their powers have been expanded, regardless of whether Republicans or Democrats have occupied the White House controlled the Congress.
“Biden continues to fund taxpayer dollars into the agencies, showing where his priorities are, [and] how mistaken his leadership is [in] thinking they will be able to bring Republicans on board by pandering to border enforcement,” United We Dream’s Garcia says. “They are not going to get on our side, and they’re not going to protect immigrants at any cost. We need bolder leadership [and] more direct action from this administration.”
The doctrine of white supremacy that was at the core of Trump’s domestic policies continues to plague U.S. institutions. In reality, Trump’s racist, anti-immigrant policies were merely a continuation of this country’s tragic legacy of oppressing marginalized peoples. It’s a tradition that everyone—from citizens to elected officials—must wholeheartedly reject.
Sadly, the human rights violations committed against immigrants, and the irreparable harm they have caused immigrant communities, seem to have largely faded from the national discussion these days. The failure by Democratic leaders to shift their approach on immigration policy and to seek justice for the victims should not be overlooked. Instead, people must increase pressure for change and demand greater accountability.
“It doesn’t matter whether it’s the inaction of Democrats or the actively harmful actions of Republicans, people are still able to organize and take care of each other,” Garcia says. “This is the moment [to] scale up the way we organize and show up for one another.”
Physicians for Human Rights (PHR) and the American Civil Liberties Union (ACLU) have published a report titled "Behind Closed Doors: Abuse and Retaliation Against Hunger Strikers in U.S. Immigration Detention." The report, which analyzes the mistreatment of hunger strikers by ICE staff from 2013 to 2020, has revealed the cruel treatment of detainees who have protested against inhumane conditions with hunger strikes. The response to the hunger strikes includes the use of tear gas, rubber bullets, beatings, forced feeding, hydration, catheterization, solitary confinement, and retaliatory deportations. PHR Research Adviser Joanna Naples-Mitchell has stated that despite the report, there has been no significant change in policy towards the treatment of hunger strikers in immigrant detention facilities.
The report has revealed that the issue of abuse against hunger strikers has continued into the Biden presidency, highlighting the long-standing problems with the US's immigration law enforcement. Since the creation of ICE and CBP by the Homeland Security Act in 2003, their budgets and powers have expanded, regardless of which party is in power. The report emphasizes the need to cut funding for Border Patrol and ICE, reduce the militarization of the immigration system, and overhaul the immigration system as a whole.
The report has also exposed the doctrine of white supremacy that has been at the core of Trump's domestic policies. However, Trump's racist and anti-immigrant policies are not a new phenomenon but rather a continuation of the US's tragic legacy of oppressing marginalized communities. While the violations against immigrants and the harm they have caused to immigrant communities have largely faded from the national discussion, there is a need to increase pressure for change and demand greater accountability from elected officials. People must organize and show up for one another to bring about change.
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