Indian Council of World Affairs

Introduction 

On 4 June 2024, US President Joe Biden announced executive actions to bar undocumented migrants unlawfully entering the US from its southern border from receiving asylum[i]. The Administration claims that the action “will make it easier for immigration officers to remove those without a lawful basis to remain and reduce the burden on US Border Patrol agents.”[ii] According to the US Customs and Border Agency, the US saw the entry of 1,691,252 immigrants between October 2023 and June 2024. Of this, 955,172 aresingle adults, 652,355 are Family Unit Aliens (FMUA), comprising children who are apprehended with one or more parents or legal guardians, 82,615 areunaccompanied children (UC)/single minors and the rest 1,109 are accompanied minors (OFO, US Customs and Border Protection)[iii]. The rising number of undocumented migrants on the US-Mexico border highlights challenges confronting the Biden Administration. 

The current actions by the Biden administration are being compared by some to the effort made by former President Donald Trump to restrict immigration into the US, which included reducing federal funding to sanctuary cities and a “zero tolerance” policy that resulted in the US Border Patrol separating children from their parents. They are also being seen as somewhat of a reversal of President Biden’s earlier policy on immigration, which was seen as a significant shift from the closed-door approach of President Trump. President Biden has stated that Congress’ failure to deliver meaningful policy reforms and adequate funding has led the administration “to enhance our ability to address the historic levels of migration and more efficiently process migrants arriving at the southern border given current resource levels.”[iv] 

As per the White House, the Executive Order suspends and limits the entry of non-citizens into the US across the Southern border, effective June 5, 2024. This suspension is subject to certain conditions and exceptions outlined in the order. The Secretary of Homeland Security is tasked with monitoring daily encounters at the border. The suspension will be discontinued 14 days after the Secretary determines that there has been a seven-day average of less than 1,500 encounters. However, the suspension will be reinstated if the seven-day average reaches or exceeds 2,500 encounters. The proclamation provides several exceptions to the entry suspension. These include US nationals, lawful permanent residents, unaccompanied children, victims of severe human trafficking and individuals with valid visas or other lawful permission to enter. The proclamation represents a significant policy shift in managing immigration at the southern border, introducing a numerical threshold system for suspending and resuming entry while maintaining certain exceptions for humanitarian and practical reasons[v]. Thus, this executive order would change the typical asylum process under President Biden by allowing for quick deportations instead of releasing the migrants into the US to await their court hearings. 

Reasons for Immigration from Latin America to the US 

There are three major reasons why people illegally enter the US. The primary reason for immigration from Latin America to the US is better life opportunities. There are demand-pull factors like the need for labour in the US in addition to comparatively better wages for migrant workers. Supply-push factors like drastic regional socio-economic inequalities, slow economic growth and growing violence drive people to find legal and illegal pathways into the US. For example, the minimum wage in Venezuela is just 130 bolívares, equivalent to slightly over $3 per month, coupled with high inflation. Thus, most Venezuelans are moving to other countries, including the US[vi]. While most Latin American nations have established minimum wage laws, these often fall short of meeting basic household needs. The disparity in income levels across Latin American economies is stark[vii]. According to the US Bureau of Labor Statistics (BLS), American workers made a median wage of $1,139 per week in the first quarter of 2024, which would add up to $59,228 per year[viii]. That would be $4935 per month,significantly higher than the highest wage in Latin America (Costa Rica, with $687). Immigration is also propelled by the existence of friends and families of some of the immigrants in the US[ix]. 

Secondly, the influx of migrants started increasing in 2018, primarily due to Central Americans escaping a combination of challenging circumstances like gang-related violence, economic hardship, political oppression and environmental calamities. In 2019, there was a temporary decline in detentions, which the US authorities attributed to heightened enforcement efforts by Mexico and Guatemala[x]. However, the most significant decrease occurred in 2020, coinciding with the implementation of COVID-19 restrictions. Once these measures were lifted in 2021, the numbers again rose, reaching an all-time high of 302,000 in December 2023[xi]. The migrants crossing the Mexico-US border are thus not entirely Mexican nationals. Mexico has become a transit point through which Latin America and other nations find a way to immigrate to the US. There is also diversity in the origins of migrants from different parts of Latin America, such as Cuba, Venezuela, Nicaragua, Colombia, Guatemala, Honduras, Peru, Ecuador, Haiti, El Salvador and Brazil. It also includes individuals from Asia and West Africa[xii]. 

Thirdly, the transition from the Trump presidency to the Biden presidency also played a role in changing migration dynamics. President Trump's policies, including building a border wall and increasing deportations, along with controversial practices like family separations, conveyed a message of a closed border. In contrast, President Biden's administration shifted policy to include reduced deportations, the cessation of certain deterrent measures like rapid expulsions to Mexico, and an increase in the practice of paroling migrants into the US to await their immigration court hearings — a process that can be lengthy. These policy shifts may have influenced perceptions and decisions among potential documented migrants. The current steps by President Biden reverse some of these earlier policies of the Biden Administration. 

Criticisms of the Executive Order 

The action by President Biden comes months before the US Presidential elections, in which illegal migration is a sensitive issue for the voters. He stated in his executive order that “the border should be a priority considering that the US is open to immigration.” He further stated that “it was necessary to reassert authority over the border to streamline the process of migration”[xiii]. 

President Biden faced criticisms against his decision not only from the Republican Party but also from the Democratic Party. US Senator John Cornyn and Senator Ted Cruz (both Republicans) held a joint press conference after the President’s announcement. Senator Cornyn said, “This is political cover, and the American people will not be fooled,” and Senator Cruz called it a “political play before the election.”[xiv] Senator Alex Padilla, the Chair of the Senate Judiciary Subcommittee on Immigration, Citizenship and Border Safety, posted on X, “By reviving Trump’s asylum ban, President Biden has undermined American values and abandoned our nation’s obligations to provide people fleeing persecution, violence and authoritarianism with an opportunity to seek refuge in the US.”[xv] 

The Biden administration has countered the criticism by stating that its policies are significantly different from those of the Trump Administration. President Biden stated, “I will never demonise immigrants. I’ll never separate children from their families at the border. I will not ban people from this country because of their religious beliefs[xvi].” The Executive Order has, thus, become a ground for criticism and challenges from Republicans and Democrats. 

Conclusion 

The Biden Administration's recent Executive Order has the potential to have a significant impact. There are arguments that, instead of doubling down on deterrence, the focus of immigration policy should be strengthening the asylum system and creating new pathways for migration[xvii]. Such an approach would require significant investment in resources from Congress, which includes more staff inthe system. The present approach may be deficient in both investments and solutions; therefore, a more futuristic and stable approach is needed in the US. Thus, the question of whether the Executive Order issued by President Biden just months before the November elections is the answer to these challenges persists.

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*Marshalin Mathew, Research Intern, Indian Council of World Affairs, New Delhi
Disclaimer: Views expressed are personal.

Endnotes

[i] https://www.whitehouse.gov/briefing-room/presidential-actions/2024/06/04/a-proclamation-on-securing-the-border/.

[ii] https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/04/fact-sheet-president-biden-announces-new-actions-to-secure-the-border/.

[iii] US Customs and Border Protection, “USBP and OFO (Office of Field Operations) month end reporting for FY24,” June 6, 2024.https://www.cbp.gov/newsroom/stats/nationwide-encounters.

[iv] https://www.whitehouse.gov/briefing-room/presidential-actions/2024/06/04/a-proclamation-on-securing-the-border/.

[v] https://www.whitehouse.gov/briefing-room/presidential-actions/2024/06/04/a-proclamation-on-securing-the-border/.

[vi]Latin America: minimum monthly wages in 2024, by country, Published by Statista Research Department, July 5, 2024, https://www.statista.com/statistics/953880/latin-america-minimum-monthly-wages/.

[vii] Latin America: minimum monthly wages in 2024, by country

Published by Statista Research Department, Jul 5, 2024.

[viii] "Median weekly earnings $1,227 for men, $1,021 for women, first quarter 2024," TED: The Economics Daily, US Bureau of Labor Statistics, May 2, 2024.

[ix]Aguila, Emma, Alisher R. Akhmedjonov, Ricardo Basurto-Davila, Krishna B. Kumar, Sarah Kups, and Howard J. Shatz. “Causes of Migration from Mexico to the United States.” In United States and Mexico: Ties That Bind, Issues That Divide, 2nd ed., 37–48. RAND Corporation, 2012. http://www.jstor.org/stable/10.7249/mg985rc.1.

[x]Bernd Debusmann Jr., “Three reasons why so many migrants want to cross from Mexico to US,” BBC News, Washington, February 27, 2024.

[xi] U.S Customs and Border Protection, “USBP and OFO (Office of Field Operations) month end reporting for FY24,” June 6, 2024.https://www.cbp.gov/newsroom/stats/nationwide-encounters.

[xii]Adam Isacson, “Migration, country by country, at the U.S.-Mexico border,” WOLA, November 23, 2022.

[xiii]U.S President Joe Biden, Executive Order Speech, White House, Washington, D.C., June 4, 2024.

[xiv] Stella M. Chávez, Border & Immigration, “Texas Republicans, Democrats and immigrant advocacy groups blast Biden’s asylum executive order,” Texas Public Radio, June 4, 2024, https://www.tpr.org/border-immigration/2024-06-04/texas-republicans-democrats-and-immigrant-advocacy-groups-blast-bidens-asylum-executive-order.

[xv]Press Release, “Padilla Statement on Executive Action Banning Asylum,”June 4, 2024, https://www.padilla.senate.gov/newsroom/press-releases/padilla-statement-on-executive-action-banning-asylum/).

[xvi]Cecelia Smith-Schoenwalder, “What to Know: Biden’s Border Executive Order,” US News, June 4, 2024, https://www.usnews.com/news/national-news/articles/2024-06-04/what-to-know-bidens-border-executive-order.

[xvii]Fact Sheet, “An American Immigration Council Analysis of the President’s 212(f) Proclamation and Interim Final Rule Restricting Asylum,” American Immigration Council, June 5, 2024, https://www.americanimmigrationcouncil.org/research/american-immigration-council-analysis-presidents-212f-proclamation-and-interim-final-rule.