While immigration opponents falsely accuse President Biden of maintaining an "open borders" immigration policy, the reality is that the Biden administration is actively defending two of the Trump/Miller regime's most notoriously bigoted violations of immigrant human rights in federal court. This is according to a report in Vox:

https://www.vox.com/22893065/biden-family-separations-title-42-border-court

These two policies are: 1) The continued use of Title 42 of the US Code to turn back asylum-seekers at the US border on bogus "Public Health" grounds, and 2) Refusal to pay compensation to families that were torn apart by Trump's infamous Family Separation policy at the US border. This caused so much outrage that even the. Trump/Miller regime itself was forced to abandon it. Now, incredibly, the Biden administration is now arguing that Family Separation was "legal".

Regarding the use of Title 42 to turn back asylum seekers at the US-Mexican border on "Trumped-up" "Public Health" grounds which have little or no scientific support, this policy is the very essence of hypocrisy, given the widespread Republican opposition to urgently needed anti-COVID measures such as vax and mask mandates.

Vox comments as follows:

"The Biden administration's defense of Title 42 and the legality of family separations in court may allow the president to truthfully say that he isn't as 'soft' on immigration as Republicans claim. But it also makes it hard to take Biden's stated commitment to immigration reform seriously, and comes at an enormous cost: depriving hundreds of thousands of people of their legal right to seek asylum and magnifying the suffering of thousands of families broken by US policy."

Beyond these two specific violations of immigrants' human rights as recognized by US and international law, President Biden's defense of Trump's bigoted policies underscores the need for a US immigration system based on human rights; rather than the white supremacist ideology that is driving the opposition to immigration today, and as it has throughout most of America's immigration history.


Roger Algase
Attorney at Law
Harvard College A.B.
Harvard Law School LL.B.