A group of 102 immigration advocacy organizations last month sent a joint letter to President Biden accusing him of failing to fulfill his commitment to build a “safe, orderly, and humane immigration system.” According to these organizations, his administration has pursued cruel, unlawful, and ineffective deterrence-based policies that extend rather than dismantle the previous administration’s approach to migration.
They urge him to abandon his policies that deter or punish people for crossing the southern border to seek protection and reaffirm America’s commitment to protecting people fleeing persecution.
It won’t be possible for Biden to provide asylum seekers with the care these organizations want them to have until he ends the surge in illegal border crossings that he caused by trying to fulfill his campaign promises. Illegal crossings have risen from 75,318 in January, when Biden took the oath of office, to 199,777 in July.
The immigration court had a backlog of 1,382,463 cases as of the end of July, and the average wait for a hearing was 953 days.
And Biden won’t be able to end the surge in illegal crossings without help from the Mexican government to screen asylum seekers before they make an illegal crossing into the United States. Waiting until they have already made an illegal crossing obviously isn’t working.
Moreover, Biden has to find ways to do this that won’t violate America’s immigration laws. He has had too many major setbacks in court already.
On Jan. 20, 2021, Biden’s first day in office, he issued a 100-day removal moratorium that violated section 241(a)(1)(A) of the Immigration and Nationality Act (INA), which requires DHS to remove aliens who are subject to a final deportation order within 90 days.

Published originally by 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 https://nolanrappaport.blogspot.com