The governors of 20 states sent a letter to President Joe Biden and Vice President Kamala Harris last month asking them to take immediate action to end the crisis at the southern border. They governors said the crisis is spilling over the border states into all of their states.

They claim that the Biden administration enticed undocumented immigrants to the border and incentivized illegal crossings with irresponsible rhetoric and by reversing the Trump administration’s border security measures.

The last thing we need during a deadly pandemic is a self-created crisis that undermines public safety and threatens our national security.

Biden claims that the border crisis was caused by Trump’s border security policies, which makes no sense to me. But I don’t think it matters at this point. I agree with Harris that it is time to stop the political "finger-pointing" and concentrate on dealing with the situation.
However, that is not what Biden is doing. Instead of taking immediate action to end the crisis, he has made it worse by terminating the Trump administration’s Migrant Protection Protocols (MPP) program. Under that program, approximately 68,000aliens who had made illegal border crossings or sought admission without proper documentation were returned to Mexico and required to wait there for the duration of their immigration proceedings.

Ending the program won’t reduce the number of illegal crossings. It will encourage more of them.

Giving up on Biden

Arizona Gov. Douglas A. Ducey and Texas Gov. Greg Abbott appear to have given up on trying to persuade Biden to secure the border.

They are trying instead to secure the border without his help, and they have issued disaster declarations to activate their right to request assistance from the rest of the states — and the other parties to the Emergency Management Assistance Compact.

All 50 states, the District of Columbia, the U.S. Virgin Islands, Puerto Rico, Guam, and the Northern Mariana Island are parties to the compact.

The border crisis


Published initially on The Hill

Nolan Rappaport was detailed to the House Judiciary Committee as an Executive Branch Immigration Law Expert for three years. He subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years. Follow him at