By Rich Lowry
A crisis is a terrible thing to create.
This, nonetheless, is what President Joe Biden has done at the southern border.
His rhetoric during the campaign suggesting an openhanded approach to migrants coming to the U.S., and his early moves to undo Donald Trump’s border policies are creating a migrant surge that risks running out of control.
Secretary of Homeland Security Alejandro Mayorkas says the situation isn’t a crisis, but “a challenge” — an “acute” and “stressful” challenge with some “urgency,” but merely a challenge all the same.
Consider the contours of this so-called challenge. Twice as many people, about 80,000, tried to cross the border illegally in January of this year as compared with January a year ago.
Even though it isn’t peak traveling season yet (that traditionally comes in May and June), U.S. Border Patrol has already begun releasing migrants into towns on the border.
Axios reported on a briefing prepared for Biden that warned that the number of migrants kids is on pace to set a record, and there aren’t nearly enough beds to accommodate them.
Biden officials tend to discuss the “push factors,” the conditions that prompt migrants to flee their countries in Central America. What we have much more direct control over is the “pull factors,” our own policies and practices that create an incentive to come here.
Trump had a number of false starts at the border. By the end, though, he had created an entirely reasonable system based on his lawful authorities to impose order the border.
There is no good reason to rip up much of this arrangement, though that’s exactly what Biden has done.
During the pandemic, Trump turned around people who illegally crossed borders on public health grounds. Biden has created an exception for unaccompanied minors, which is an obvious incentive for families to send children under age 18.
Under Trump, the “Migrant Protection Protocols,” also known as “Remain in Mexico,” ended the practice of letting Central American migrants into the U.S. while their asylum claims were adjudicated.
This was crucial because under the old procedure, asylum-seekers were allowed into the U.S., and even if their claims were ultimately rejected, as the vast majority of them were, the migrants overwhelmingly ended up staying anyway.
This created a huge magnet — get to the border and claim asylum and you’re in the United States, very likely to stay.
Biden has trashed the Migrant Protection Protocols. No new asylum-seekers will be enrolled in the program, and the backlog of people who had been waiting in Mexico are being admitted into the U.S.
He’s also suspended the so-called “safe third country” agreements that Trump forged with El Salvador, Guatemala and Honduras to get asylum-seekers to apply in one of those countries.
The premise of the Trump approach was that people who feared for their lives in their home country because of persecution don’t necessarily need to come to the United States to escape. It should be enough for them to go to another country in the region, or if they are indeed applying for asylum in the U.S., to stay in Mexico while doing so.
Allowing them into the country, with no reliable internal enforcement mechanism, constitutes an end run around our immigration system. Because migrants, like anyone else, respond to incentives, the more who are allowed in, the more will come. And, since resources aren’t infinite, if enough families show up at the border, it inevitably overtaxes our personnel and facilities.
Mayorkas blames Trump for having “dismantled our nation’s immigration system in its entirety,” a claim as absurd as the notion that the Biden administration started from scratch on vaccinations.
Trump got a handle on the border, which in 2014 and again in 2019 had descended into chaos. Call it what you will, a crisis or a challenge or something else, but Biden is on a path to heedlessly repeat this experience.
Rich Lowry has been the editor of National Review since 1997. He’s a Fox News political analyst and writes for Politico and Time. He is on Twitter @RichLowry.
