Donald Trump will terminate President Biden’s open borders policies on his first day back in office, restoring the full set of his first term’s strong border policies.

This will include ending “catch and release.”

Between the beginning of the Biden presidency in January 2021 and the end of September 2023, the Border Patrol released around 3.3 million illegal border crossers into the country. And that number would have been much larger if millions of illegal crossers had not been expelled pursuant to the Title 42 pandemic order.

In Florida vs. USA, a federal judge found that Biden “has turned the Southwest Border into a meaningless line in the sand and little more than a speedbump for aliens flooding into the country by prioritizing ‘alternatives to detention’ over actual detention.”

Biden claims that he had to release illegal crossers because he didn’t have sufficient detention capacity, but that excuse is contradicted by the fact that he requested a reduction in funding for detention space for fiscal 2022, and a further reduction for fiscal 2023.

Like it or not, detention is necessary.

Among the 231,095 removal orders issued by immigration judges in fiscal 2023, 159,379 (69 percent) were issued in absentia because the migrants had failed to appear for their hearings.

Many migrants fail to appear for the execution of their deportation orders too. There were 1,292,830 migrants subject to final deportation orders in fiscal 2023, and Immigration and Customs Enforcement was only able to deport 142,580 (11 percent) of them.


Published originally 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 himat: