That's Life, I Swear

Resetting Limits: Transformative USA Border Immigration Strategies

• Rick Barron • Season 3 • Episode 131

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When we bring up the narrative of immigration at the Mexican border, it hits a raw nerve with the public. How and when do we fix this mess? Let’s explore some alternative recommendations.

supporting links

1.     Democrats vote with GOP on resolution denouncing Biden’s ‘open-border policies’ [The Hill]

2.     Democratic Mayors need Federal Help Over Migrant Crisis [VOA News]

3.     Senate Republicans block Ukraine/Israel aid demanding border policy changes [PBS]

4.     The U.S.-Mexico border challenge [Brookings]

5.     December migrant surge at Southern border [CNN]

6.     What’s behind the influx of migrants crossing the U.S. southern border? [PBS]

7.     White Supremacist Is Fueling Extreme Border Policy in Texas [Just Security]

8.     Monthly encounters with migrants at U.S.-Mexico border [Pew Research Center]


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⏱️ 13 min read

When we bring up the narrative of immigration at the Mexican border, it hits a raw nerve. It’s a constant and pressing issue facing the USA. Join me today as we review some possible solutions, challenge traditional perspectives, and have a conversation that aims not just to address, but to reshape the narrative of immigration. This is not just a crisis; it's an opportunity for change and correction.

Welcome to That's Life, I Swear.  This podcast is about life's happenings in this world that conjure up such words as intriguing, frightening, life-changing, inspiring, and more. I'm Rick Barron your host. 

That said, here's the rest of this story  

In 2023, the United States saw a large surge in migrant activity at the southern border, reaching its peak in December, that has momentarily united Democrats and Republicans in recognizing the pressing need to address shortcomings in our immigration system.

Our immigration infrastructure, starved of necessary funding, is entangled in a labyrinth of bureaucracy, complexities beyond imagination, and is constrained by outdated international agreements. Hindered by divisive politics, it struggles to function in an ideal fashion. 

Consequently, in fiscal year 2023 alone (from October 2022 to September 2023), the United States witnessed an astounding two and a half million "encounters" along its 2,000-mile border with Mexico. This overwhelming number strains the capacities of governmental bodies, including border patrol, immigration courts, and human services agencies.

What do we mean when we say “encounters?” 

Encounters encompass two distinct kinds of events: apprehensions, in which migrants are taken into custody in the United States – at least temporarily – to await adjudication, and expulsions, in which migrants are immediately expelled to their home country or last country of transit without being held in U.S. custody

Not wanting to miss a political opportunity, this escalating crisis has provided Republicans with leverage, leading to negotiations for more aid for Ukraine and Israel, prompting a bipartisan group of senators and White House officials to engage in extended discussions.

Even Democrats are beginning to sense the problem of immigration.

The mayors of Chicago, New York City and Denver renewed pleas of help for more federal help and coordination with Texas over the growing number of asylum-seekers arriving in their cities by bus and plane.

The mayors’ requests come as U.S. cities have struggled to manage the increasing number of migrants sent from Texas and other states. Republican Gov. Greg Abbott’s busing operation has transported more than 80,000 migrants to Democratic-led cities since last year. His administration recently stepped up the practice with chartered planes.

“The lack of care that has been on display for the last year and a half has created an incredible amount of chaos,” said Chicago Mayor Brandon Johnson. More than 26,000 migrants have arrived in the city since last year.

The mayors sharply criticized Abbott and the effort, saying buses arrive at all hours and outside designated drop-off zones with no details on who is aboard.

So, why do we continue to have this ongoing battle over immigration? How do we reach a bipartisan approach, yes, perish the thought; by which both the Democrats, Independents and Republicans alike, find a workable solution to this mess? All sides will need to make some very hard decisions sooner or later or the tipping point of this crisis will do harm to what’s left of the unification of this country.

Let’s cut to the chase here, shall we. The current system is broken, and no one wants to make the very hard decisions that can either medicate the problem or bring the system under sensible control. 

What are the challenges facing the United States? Let’s explore some alternative recommendations that could get the United States moving in the right direction, regardless if it makes the political parties happy or upset.

Point 1: Revamping Funding and Criteria for Stay

Democrats advocate for increased funding to tackle the backlog, while Republicans push for significant narrowing of grounds for migrants to stay in the United States, including the construction of additional barriers. Achieving a balance is very important. Increased funding is necessary to streamline the immigration court system, addressing the issue of millions of asylum seekers lingering in the country without the ability to work for the first six months and potentially remaining in limbo for years. In the 2023 fiscal year, only 670,000 cases were resolved in the courts.

Point 2: Border Flow Management
Efforts must be made to decrease the flow to the border, making immigration into the U.S. through such means more challenging. Both Democrats and Republicans now recognize the need to prevent chaos while fulfilling international obligations to provide asylum. Implementing a system where asylum seekers apply in Mexico or other countries before reaching the U.S. could reduce the incentive for border-crossing. Collaboration with Mexico is essential to ensure safe conditions for asylum seekers. At the time of this recording, President Biden and his team were working with Mexico on a viable plan to address the enormous flow of immigrants.

Point 3: Tightening Asylum Criteria
Tightening asylum criteria is the next step and this is where one of the biggest problems reside. Distinctions in the asylum process should be made based on whether individuals followed established procedures through designated ports of entry or crossed the border between ports. President Biden has initiated this path with a new federal rule, requiring migrants to obtain appointments at ports of entry or show denial of asylum in another country to be eligible for the standard path to asylum. This rule is currently facing legal challenges and needs to be codified by Congress. That said, we need to get this problem nailed down to have a sensible control of who gets into the United States.

Point 4: Elevating Legal Standards for Asylum
While acknowledging the need for due process, raising the legal standard for asylum consideration is key. Shifting from a "significant possibility" to a standard closer to final decisions in immigration court can reduce repetitive hearings and administrative delays.

Point 5: Limiting Humanitarian Parole
There might be a need to further limit the use of humanitarian parole, a program expanded by the Biden administration. This program allows more migrants from specific countries to temporarily enter the U.S. and apply for relief. Despite its well-intended aspects, the reality is that we cannot accommodate every refugee from every failed state.

Addressing the root causes by improving conditions in the home countries of new arrivals is the most humane approach. However, our aid spending over the past decade has dwindled, hindering this effort.

Naturally, a more compassionate approach to curbing the influx at our border would involve actively improving the conditions in the countries from which a significant number of new arrivals originate. However, our decisions have taken a divergent path: in the last decade, our commitment to aid has dwindled, declining from 0.3 percent to a mere 0.2 percent of our gross domestic product.

Of course, with the political nationalistic environment developing within the United States today, it’s highly impossible to think that pouring funding into such a plan would fly.

Looking ahead, it's essential for us to reach a collective national agreement on the number of immigrants we're willing to welcome and the criteria for selecting them. This involves striking a balance between the two main goals of immigration policy: fulfilling our legal and moral obligations to persecuted individuals and strengthening our workforce.

The United States has always been a country that prides itself of having open arms to those who seek a better life. Our country is a nation of immigrants, let’s face it, but we need to control the flow in a manner that is workable and not causing on going friction.

According to United Nations projections, our population would start declining by 2037 without immigration. Even if we continue admitting one million legal immigrants annually, our population would plateau within fifty years. Sustaining our historical growth rate of 1 percent would mean considering nearly four million individuals each year.

While this might exceed the current political climate's tolerance, we must prioritize maintaining a reasonable growth rate for the American population. Immigration serves as a defense against the challenges posed by an aging society. A dwindling workforce supporting an increasing number of retirees makes it challenging to adequately fund Social Security and Medicare.

Given that unemployment is at a low of 3.7 percent, arguing that these additions to the labor force would harm Americans' job prospects is not sensible. Opening up legal pathways would also contribute to minimizing illegal labor, which poses risks to migrants and undercuts American workers.

Furthermore, restructuring our immigration policies to prioritize skills in high demand would be mutually beneficial. Currently, only 27 percent of green card recipients are selected based on their skills. Additionally, we still don't automatically grant green cards to non-Americans graduating from our universities, a practice that seems impractical.

Creating a more effective immigration system is within reach. With the right combination of policy, resources, and political determination, we can uphold our country's ideals while ensuring a secure and well-managed southern border.

They say the devil is in the details, so here’s a breakdown of some data points, regarding immigration at the Mexican border, during all of 2023. 

  1. Between October 2022 and September 2023, there were a staggering 3.1 million attempts to cross the southern U.S. border.
  2. Approximately 600,000 migrants successfully navigated the border without detection, as reported by the Department of Homeland Security.
  3. The U.S. government documented 2.5 million encounters with migrants, with 83 percent transpiring outside designated ports of entry, often in perilous, isolated areas like the  Sonoran Desert.
  4. Title 42, a policy implemented during the pandemic allowing the expulsion of migrants without a deportation hearing, led to over half a million expulsions. This policy was rescinded by the Biden administration in May 2023.
  5. The majority underwent processing under Title 8 immigration law, encompassing a broad spectrum of issues such as asylum, visas, refugees, and deportations.
  6. Nearly 200,000 entered expedited removal proceedings, often due to a criminal record or prior border apprehension. Some opted to depart voluntarily to evade further processing.
  7. Approximately 300,000 migrants were granted humanitarian parole at the border, allowing temporary residence in the United States. This status was accessible to migrants from select countries like Venezuela and Nicaragua.
  8. Taking into account migrants apprehended elsewhere or referred after other proceedings, almost 1.5 million new cases inundated the immigration court system in the previous fiscal year.
  9. Only a marginal number of new cases saw resolution within the same year. By the close of 2023, around 1.8 million new arrivals remained in the United States, their cases languishing in the backlog or holding some other form of provisional status.
  10. A negligible fraction of fresh court cases culminated in deportation last year. Nonetheless, close to 900,000 migrants were removed through alternative channels.
  11. Out of the nearly two million migrants processed under Title 8 last year, a mere 2,700 secured formal relief in the form of asylum and other pathways leading to permanent residency.

What can we learn from this story? What's the takeaway?

Picture a scenario where the United States fails to untangle the complexities of immigration at its southern border, and you see an ongoing looming crisis that transcends borders and demands urgent attention. 

Ultimately, it is imperative that we reach a nationwide agreement regarding the desired number of immigrants and the criteria for their selection. This involves finding equilibrium between the dual primary goals of immigration policy: fulfilling our legal and moral obligations to those facing persecution and strengthening our workforce.

We welcome those who wish to start a new beginning, but we just can’t be a giant arrival gate for anyone and everyone, slipping in between the cracks, and who wants to take advantage of America’s abundance and generosity.

We as a nation, must deal with potential outcomes head-on quickly. The clock is ticking, and the stakes are higher than ever. 

Well, there you go, my friends; that's life, I swear

For further information regarding the material covered in this episode, I invite you to visit my website, which you can find on either Apple Podcasts/iTunes, for show notes calling out key pieces of content mentioned and the episode transcript.

As always, I thank you for listening and your interest. 

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