On April 6, 2018, the Attorney General announced a “Zero Tolerance” policy for immigrants seeking asylum or citizenship. This meant they were all detained upon arrival.
On May 4, 2018, the Secretary of Homeland Security (DHS), Kirstjen Nielsen, directed DHS law enforcement officers and agents to direct all undocumented immigrants presumed guilty of an improper entry violation to be prosecuted for their crimes in addition to processing through the immigration process.
May 5th 2018 marked the beginning of that policy in action. Adults who entered the country without pre approval were detained at the border immediately. Often this process is tied with separation of children from their parents and thus the children being titled by the law: “Unaccompanied Alien Child” (UAC). The children are housed separately and essentially become wardens of the state.
This issue was compounded with the massive influx of immigrants coming to the border. Family facilities filled up and many groups were split to be detained as adults and children separately to accommodate for the lack of space. It reached the news and the (below) iconic photograph was taken to represent the procedure.
https://www.cnn.com/2019/04/12/us/crying-girl-john-moore-immigration-photo-of-the-year/index.html
Just weeks later, on June 20, 2018, the policy of separating children from their parents was reversed. President Trump signed an Executive Order entitled, “Affording Congress an Opportunity to Address Family Separation.” It seemed immigration issues were headed towards reform or a shift from the policies of the year leading into the issue.
Since immigration issues have not been resolved on either side and the pressure is rising, a few key issues have risen in the political arena on immigration:
- Trump’s Border Wall
When asked about Trump’s ideal immigration policy, most Americans would reference his border wall. It has become a household discussion because the administration’s commitment to the issue led to the longest government shutdown in U.S. history.
In a phone interview, Representative Jamie Raskin (MD-D), said, “Congress on a bipartisan basis rejected the the president’s request for 6 billion dollars for border security and border wall construction. That would have just been a down payment on material costs which would have gone up to something like 30 or 40 billion dollars. So we rejected that request.
“Then the president decided that he could simply violate the Congressional will by reprogramming money money that had already been appropriated for other purposes and declaring an emergency.
“This is not what the emergency statute provides for. It’s for real emergencies like hurricanes or earthquakes or Wars. It’s for occasions where Congress itself cannot meet to appropriate money.
“Here there’s no real emergency and Congress rejected the President’s proposal. It’s a violation of the separations of powers now for the president to reprogram money that was lawfully appropriated for other purposes.”
The terse comments that came from representatives in interviews on major news networks highlighted the nature of the discussions occurring behind closed doors. Dissatisfaction littered the streets of the District.
Looking forward, the border wall appears to be a non-option. There is enough of a united front to stop it that a veto will not be successful. Clarification on the use of the emergency statue also limits its use to end around Congress.
The border wall project is yet unfunded.
- Border Crisis for ICE
One year later, not much has changed on the border. No wall funding, no expansion of detention centers and no change in the administration’s perspective has only compounded pressure on border agents.
Small pieces of policy have changed to further the problem and to put key groups of immigrants at more risk. One policy requires that all individuals who have a visa application rejected are immediately put into proceedings to be deported.
Even the Department of Homeland Security (DHS) has spoken up. “We face a crisis– a real, serious and sustained crisis at our borders,” Nielsen said in a testimony to the US House Committee on Homeland Security on March 6, 2019. Just one month later, April 7, Nielsen resigned from her position.
Even within the government, there is a sense of dissatisfaction that has followed the policy shift in May 2018. Those speaking out from Immigration and Customs Enforcement (ICE) within the Department of Homeland Security (DHS) share a consistent state of overwhelm that has only grown.
Nathalie Asher, Executive Associate Director Enforcement and Removal Operations, said in a Committee Hearing on February 26, “Our nation continues to experience an unprecedented crisis on our Southern Border that is the result of outdated laws that prevent the detention of illegal alien minors and family units during the pendency of their removal proceedings, and that inhibit the government from effectively removing those who receive final orders from an immigration judge.”
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Not everyone agrees this is the right solution, but it seems most individuals see an issue in the current system.
- Legislative Friction Slows Legal Changes
As for ways to alleviate the panick at the border, legislators face friction in shifts.
https://www.msn.com/en-gb/money/news/will-congress-take-on-asylum-immigration-reform/vi-BBWaNTC
“Well it seems as if the administration wants to make the anti-immigration stance a central message of the Trump Presidency. The Democratic control of the house is what’s standing between america and a really repressive, reactionary policy. The challenge for us is to articulate immigration policy that will defend the borders but also promote our values in people from around the world who are fleeing from religious political repression,” said Raskin.
Former Senator and current Pennsylvania Judge Todd Platts sees this as well, “One of the areas I saw regularly was the huge need for a migrant Workforce in America. That’s in the agricultural community and construction industry, dairy Farmers and the hospitality industry.”
His office became known as a resource for people who needed help with their immigration paperwork. They were open to a variety of legal situations. They intentionally didn’t judge somebody’s decision to come to the US because they were pursuing the same things citizens received at birth.
Speaking on his constituents, Platts said “Here in central Pennsylvania, I saw a significant need with fruit farmers of Adams, Cumberland and York County. They rely on a seasonal Workforce. They can’t find Americans willing to do the work. Unfortunately, today we don’t have a very efficient or effective seasonal workforce program…. You end up with people trying to get here illegally or overstaying illegally and creating an incredibly inefficient ineffective immigration system.”
His personal experience with a DACA recipient allows him to see the individuals affected by such policies.
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Generally, key groups of individuals seem to be an easy yes in terms of legal immigration. Those groups include seasonal employees and those threatened in their home nations: economic migrants and refugees. The above congressmen represent the democratic parties who elected them. Politics impacts the way their views can change policy for their constituents.
The Future for Immigration in the US
In early 2019, a blue wave hit the House of Representatives. This meant a liberal majority. Many advocates saw this as an opportunity to chip away at the numerous legal immigration restrictions and enforcement measures that the Trump administration has implemented or has plans to implement.
“I do think that we can advance immigration policy that defends our borders against undocumented immigration at the same time as we have immigration policies that are more liberal and welcoming as people are coming into the country to build a better life for themselves and their families,” Raskin said in an interview. He’s got more confidence in the impact of the Democratic majority in the House of Representatives than most representatives.
However, in March 2019, increased quotas for legal immigration do not seem to be coming quickly. Sarah Martin-Torres, a Department of Justice (DOJ) accredited representative, is cautious in her optimism.
In an interview, she said, “It feels like we’ve been barely holding on since the beginning of the administration. We haven’t had time to consider what the future looks like. We’re working on individual clients and helping person-by-person.”
According to Mary Studzinsky, the executive director of the Pennsylvania Immigration Resource Center, the future for issues on the border and immigration status through paperwork is looking up.
Individuals could see the atmosphere of change as a positive shift towards policy that is not strictly anti-immigrant. Compared to the issues that people have seen
So, despite the efforts of legislators and advocates, it seems legislation will continue at a slow pace and policies will continue to be capricious under this administration.
“It was frustrating when I was in Congress and it’s frustrating now watching the inability of our government to to update our immigration laws and processes for individuals to be allowed to come here for very valid reasons in an efficient and responsible manner,” said Platts.
Conversely, the Trump Administration appears to be taking a much harsher approach to the issue. Trump’s personal perspective is on display through his Twitter.
A tweet from Trump on April 6th reveals that he plans to increase US presence on the border and pressure on Mexico. This is very different from the attitude of compromise seen in Congress.
This photo reads: “We have redeployed 750 agents at the Southern Border’s specific Ports of Entry in order to help with the large scale surge of illegal migrants trying to make their way into the United States. This will cause traffic & commercial delays until such time as Mexico is able to use it’s powerful common sense Immigration Laws to stop illegals from coming through Mexico into the U.S., and removing them back to their country of origin. Until Mexico cleans up this ridiculous & massive migration, we will be focusing on Border Security, not Ports of Entry In the meantime, the Democrats in Congress must help the Republicans (we need their votes) to end the horrible, costly and foolish loopholes in our Immigration Laws. Once that happens, all will be smooth. We can NEVER allow Open Borders!”
(Include screenshots of the tweet)
As for the issue of the border structure, Congressman Raskin said in a phone interview “I don’t think we are going to see beautiful 8-foot the wall from sea to shining sea.”
The clear result here is a contentious middle ground that shows a shift away from a hard Republican line while not falling under the weight of the blue wave.
Raskin said, “We want to have an immigration policy that’s based on our laws and laws that are based on our values.” What that means for the future is uncertain, but what it means for now is a sticking point in legislation.
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