Since the start of the Biden administration, the U.S. has seen a dramatic increase in the number of migrants crossing its southern border. This influx is largely driven by the administration’s shift in immigration policy, which is seen by many as more lenient than those of previous administrations. Critics argue that these changes have effectively created a de facto open border, with asylum becoming the primary pathway for many migrants, regardless of whether they meet traditional asylum criteria.

The Surge at the Southern Border
Under the Biden administration, U.S. Customs and Border Protection (CBP) reported record numbers of migrants crossing the southern border. In fiscal year 2022, more than 2.3 million encounters were recorded at the border, the highest in U.S. history. Many of these individuals are seeking asylum, a legal status granted to those fleeing persecution in their home countries due to race, religion, nationality, political opinion, or membership in a particular social group.

However, critics argue that the administration has broadened the interpretation of asylum to include economic migrants or individuals fleeing generalized violence, conditions that don’t traditionally meet asylum requirements. The argument here is that the Biden administration’s more lenient approach has incentivized migrants to come to the U.S., knowing they are likely to be released into the country while their asylum cases are pending.

Expanded Benefits for Migrants Under the Biden Administration
Once migrants cross the border and are processed, many are released into the U.S. with a Notice to Appear (NTA) for a court hearing, which may take months or even years due to the backlog in immigration courts. During this time, migrants, including asylum seekers, may be eligible for a range of benefits:

1. Work Permits: After filing for asylum, migrants can apply for an Employment Authorization Document (EAD), allowing them to work legally in the U.S. while their case is pending.
2. Public Education: Children of migrants are entitled to free public education, as the U.S. Supreme Court ruled in Plyler v. Doe (1982) that all children, regardless of immigration status, have the right to a public education.
3. Healthcare: In many states, migrants, including those awaiting asylum, can access healthcare through state-funded programs, including emergency Medicaid, and in some cases, full healthcare coverage for children and pregnant women.
4. Housing and Financial Assistance: Some cities and states, particularly those with sanctuary policies, provide additional benefits such as housing assistance, legal aid, and other social services. For example, New York City has allocated millions of dollars to house and assist asylum seekers, offering shelters and other services.
5. Legal Representation: While there is no automatic right to government-appointed counsel in immigration cases, many nonprofit organizations and pro bono attorneys provide free legal representation to asylum seekers, ensuring that they have support throughout the legal process.

Loopholes and Backlogs: The Asylum System Under Strain
One of the key criticisms of the current administration is the overwhelming backlog in the asylum system, which is further strained by the unprecedented numbers of asylum applications. According to TRAC Immigration, there were over 1.6 million pending immigration cases as of 2023. Asylum seekers can remain in the U.S. while waiting for their cases to be adjudicated, which can take years due to these delays.

Critics argue that this effectively allows many migrants to live in the U.S. indefinitely, even if their asylum claims may not ultimately be approved. Additionally, the fact that many migrants do not show up for their immigration court hearings after being released into the U.S. exacerbates the problem. Data from the Department of Homeland Security (DHS) suggests that a significant percentage of migrants fail to appear for their court dates.

The Current Administration’s Policies
The Biden administration has reversed several Trump-era immigration policies that were designed to reduce the number of asylum seekers crossing the border. One of the most notable reversals is the “Remain in Mexico” policy (formally known as the Migrant Protection Protocols), which required asylum seekers to stay in Mexico while their claims were processed in the U.S. This policy was effective in reducing the flow of migrants across the border. Its cancellation, coupled with the end of the Title 42 policy used during the COVID-19 pandemic to turn away migrants at the border, has led to a surge in crossings.

Additionally, the administration has expanded access to asylum by ending agreements with Central American countries that allowed migrants to be sent to third countries to apply for asylum there. By broadening the ability for individuals to seek asylum in the U.S., critics argue that the administration has created an environment where millions feel encouraged to attempt the journey north.

The Financial and Social Impact
The increase in migrant crossings and the broad interpretation of asylum claims have placed a financial burden on federal, state, and local resources. Cities like New York, Los Angeles, and Chicago have faced significant challenges as they attempt to accommodate the influx of migrants, with local governments diverting funds to provide shelters, healthcare, and other services. In New York City alone, officials estimated that the cost of sheltering and caring for asylum seekers would exceed $1 billion by the end of 2023.

Furthermore, critics argue that the system as it currently stands encourages further migration, placing strain on American workers and the social safety net. With migrants competing for low-wage jobs, some believe that this influx could depress wages and increase competition for resources among lower-income Americans.

Conclusion
While the Biden administration’s immigration policies have been framed as more humane and compassionate, they have also led to significant challenges at the southern border. Millions of migrants have crossed into the U.S. since Biden took office, many seeking asylum and benefiting from a system that appears, to critics, overwhelmed and ripe for abuse. The resulting financial and social strain on local communities has raised questions about the sustainability of these policies.

As the U.S. grapples with its immigration future, the question remains: how can the country balance compassion for those fleeing hardship with the need for a secure, manageable immigration system that does not overburden the nation’s resources?

References:

1. U.S. Customs and Border Protection (CBP), “Southwest Land Border Encounters,” 2022.
2. TRAC Immigration, “Immigration Court Backlog Tool,” 2023.
3. Plyler v. Doe, 457 U.S. 202 (1982), U.S. Supreme Court ruling on the right to public education for undocumented children.
4. New York City Budget Office, “Costs of Sheltering Asylum Seekers,” 2023.
5. Department of Homeland Security (DHS), “Statistics on Immigration Court Attendance,” 2022.