The new immigration policy: Joe Biden's challenge
Opponents have been indeed blaming the US president for not addressing the immigration issue adequately enough. But this was without considering the prevailing economic crisis resulting from COVID and other inflationary pressures. In fact, the situation was not conducive to putting the spotlight on this highly sensitive issue. For the past two years, President Biden has been focusing on domestic policy, leaving the immigration issue to Harris. He also recalled that Congress has been blocking his measures to strengthen border security for two years. By visiting El Paso, a Texas city on the border with Mexico, on January 8 (a first since his election), Joe Biden demonstrated that he is active in the field. On January 10, he was joined by Mexican President Obrador and Canadian Prime Minister Trudeau at the North American Leaders' Summit to discuss immigration. Five days earlier, the American president had presented his new migration policy at the border with Mexico.
According to statistics from the US Customs and Border Protection police, nearly 1.7 million illegal immigrants were arrested at the Mexican border in 2021. This number grew to more than 2 million arrests in 2022.
A special regime for immigrants from Venezuela, Nicaragua, Haiti and Cuba
To deter illegal entry on American territory, the new immigration policy has taken a stricter stance while opening up a legal pathway to work in the US. 4 countries are targeted: Venezuela, Nicaragua, Haiti and Cuba, from where a large number of illegal immigrants originate.
After experimenting with Venezuela, the Biden administration extended its new policy to the other three countries on January 6. This program now extends the parole process. It allows 30,000 nationals from these countries to immigrate to the United States each month. According to the US government, 30,000 immigrants per month is considered enough to stem the flow of illegal immigrants (every day, several thousand would try their luck) while not completely closing the door to expatriate candidates. In practical terms, an immigrant can apply for a travel authorization, temporary parole (up to 2 years) and a work authorization.
However, the rules are very stringent. The applicant must be outside the United States at the time of application. They must, of course, be a national of Venezuela, Nicaragua, Haiti or Cuba, or a close family member (spouse, unmarried partner, or child under 21) traveling with the eligible national. The applicant must also have a sponsor who is either a US citizen or national, or a permanent or temporary legal resident. The latter will need to start the application process. The sponsor will also be required to provide financial support for the applicant in terms of housing, food, and possible health-related costs, among other expenses. The applicant must have a valid passport and should be able to finance their travel to the United States by air. President Biden insists that travel to the US must be legal for the sake of safety and humanity. Otherwise, all other means for entry on American soil are prohibited and will be punished."Bypassing legal immigration channels will result in serious consequences," warns the Biden administration. Illegal entry will result in immediate deportation. Those not eligible for parole will be deported to Mexico: The Mexican state has agreed to accept 30,000 per month.
Welcoming more refugees from the Americas
The intake of more refugees was a dream of candidate Biden. The new policy delivers on the president's promise by tripling the capacity to receive refugees. Only those from the continent (Latin America and the Caribbean) are concerned. The United States of America is expected to take in some 20,000 refugees over the 2023-2024 period.
Towards citizenship for the "Dreamers"?
By cracking down on illegal immigration, Joe Biden expects to pass his "Dreamer's Bill". The Dreamers are children of illegal aliens who were born and raised in the United States. They are closer to the USA than their home country, yet they have no real legal status. The Obama administration had granted them a temporary status (authorization to study and work). President Biden wants to transform it into a permanent one by giving them American citizenship. This vision is in line with his project, which would allow to keep these talents on American soil.
Addressing labor shortages
Businesses that are desperate for manpower are pleased to hear that 30,000 new arrivals a month are expected. Enterprises and other organizations can, in fact, be supportive and, in this case, can undertake to help the applicants in their integration, namely through learning English, finding a job, and schooling, when they come with minor children. In addition, the candidate whose application is approved will be able to apply for an authorization for employment and a social security number.
How to attract workers in sectors that are highly exposed to labor shortages? Unsurprisingly, these are also the sectors with the worst reputation with hard and low-paid jobs, shifting hours, slow, difficult or non-existent career development, etc. In the restaurant industry, especially fast-food restaurants, robots are being used to make up for the lack of manpower. In health care, personal services, hotels, tourism and transportation, recruiters are struggling to find candidates. The unemployment rate is back to its pre-pandemic level (3.5%), but 10 million positions remain unfilled. Raising wages is not always enough. In the very touristy state of Maine, fast-food restaurants are offering up to $16.50 an hour. The "now hiring" signs went up in 2022, sometimes with mixed results. Without employees, thousands of establishments are reducing their hours or closing their doors.
Much is expected of the new migration policy in the health sector. Like many other countries in the world, the United States is facing an aging population. More senior citizens mean more health expenses and more human needs. Some organizations would like to go even further and are calling for the creation of a special visa, reserved for "essential professions", such as health care workers and personal assistants. According to them, this would be a good way to get the affected populations out of precariousness while meeting the needs of the demand. As a matter of fact, asylum seekers are targeted for these positions. However, there is no guarantee that prospective immigrants will be attracted to these jobs, which are often neglected by American citizens and nationals.
Border control: Strengthening cooperation between countries
Are Biden-Obrador relations about to warm up? In June 2021, Obrador did not attend the Summit of the Americas held in Los Angeles, which was supposed to deal with harmonizing the fight against illegal immigration. The United States did not invite Cuba, Nicaragua, and Venezuela, which are also concerned about this sensitive issue. However, the tone changed at the beginning of the year. On January 10, Biden, Obrador and Trudeau displayed their unity. "We are true partners," the three Heads of State claimed.
In terms of action, the United States will strengthen border controls and fight against smuggling. Twenty-three thousand enforcement officers are already deployed along the border, and recruitment is underway to increase this number. Furthermore, the ongoing cooperation between US and Mexican agents will be further developed. Expedited removal procedures will be stepped up. This will concern any illegal person who cannot be deported under the controversial "Title 42".
For Joe Biden, stricter measures against illegal immigration go hand in hand with stronger protection for the vulnerable. The new immigration policy will intensify the fight against human trafficking, smuggling networks, and disinformation. More resources will be allocated to migrant support associations.
Title 42: The United Nations and NGOs' fears and concern
It is not enough to verbally reassure the international humanitarian community, especially when the ill-famed decree “Title 42" is making people grumble. Former President Trump's controversial executive order was put in place at the beginning of the COVID crisis. At that time, it was intended to preemptively block migrants at the US border to avoid any possible risk of spreading the virus. The measure should have expired on December 21, 2022, but some 20 conservative States have filed an appeal. Republicans fear a surge in illegal immigration if Title 42 is repealed. Democrats, NGOs, and the UN denounce it as a racist measure that undermines the right to asylum.
The American immediate deportation measure is also prone to loud-spoken criticism. On January 11, Volker Türk, the new United Nations High Commissioner for Human Rights, warned against the new US measures, which would be contrary to the principle of collective deportation, and considered a violation of fundamental human rights. Nevertheless, the US government wants to reassure people and is already working on the post-Title 42 era: asylum officers and immigration judges will have more means to faster process asylum applications. The government hopes to cut delays from months to days.
Between humanity and firmness: Joe Biden's balancing act
To play on both the firmness and the openness chords, Joe Biden calls for everyone to be involved while respecting the rules. Immigration, yes, but legal. In his January 5 speech, the president directly appealed to Congress: "Today's decisions will make things better, but they will not completely solve the problem at the border. This work will not get done unless Congress authorizes and funds a more comprehensive immigration plan that I have proposed from day one." Getting the 30,000 monthly authorizations for a few nationalities is already a victory for the Biden clan. But the negotiations are still going on. By playing the appeasement card, Biden is reaching out to Republican elected officials and sending a signal of reassurance to Democrats. "The legal channels for immigration that we are presenting today are generous," assured Joe Biden, who refuses to oppose humanity and firmness. A daring balancing act for America's new great challenge of 2023 indeed!
Useful links:
US Entry Process: Venezuela, Cuba, Haiti, Nicaragua
