Today, the White House issued a Presidential Proclamation, and the Department of Homeland Security (DHS) issued a Fact Sheet announcing that President Biden effectively closed the southern border [DHS FAQ].
Excerpts from the Proclamation:
Copyright, Michael V. Matheron
Section 1. Suspension and Limitation on Entry. The entry of any noncitizen into the United States across the southern border is hereby suspended and limited, subject to section 3 of this proclamation. This suspension and limitation on entry shall be effective at 12:01 a.m. eastern daylight time on June 5, 2024. The suspension and limitation directed in this proclamation shall be discontinued pursuant to subsection 2(a) of this proclamation, subject to subsection 2(b) of this proclamation.
Sec. 2. Applicability of Suspension and Limitation on Entry. (a) The Secretary of Homeland Security shall monitor the number of daily encounters and, subject to subsection (b) of this section, the suspension and limitation on entry pursuant to section 1 of this proclamation shall be discontinued at 12:01 a.m. eastern time on the date that is 14 calendar days after the Secretary makes a factual determination that there has been a 7-consecutive-calendar-day average of less than 1,500 encounters, not including encounters described in subsection 4(a)(iii) of this proclamation.
Also, it directs that:
For purposes of subsection (a) and subsection (b) of this section, unaccompanied children (as defined in section 279(g)(2) of title 6, United States Code) from non-contiguous countries shall not be included in calculating the number of encounters.
President Biden has had understandably difficult policy, humanitarian, and political choices since day one of his administration. Hyperbolic MAGA/GOP criticism was expected, but due to Trump’s meddling this has not been consistent: during February, the GOP scuttled a Senate-created very workable and strict bipartisan immigration bill, one that the Senate fought hard to produce. Why refuse to pass a bipartisan bill MAGA/GOP members had helped craft? Well, enter the usual suspects: firstly, it’s impossible to please them, especially House MAGAs, with any Biden- or Democratic-supported victory, and, secondly, because Trump directed his congressional minions to deny Biden a victory – regardless of the human toll at the border. This interference is now commonplace since Trump is a demanding god who wants to mendaciously campaign on Biden’s failure to enact immigration reform. Thus, the southern border has devolved into a very serious train wreck with Trump the berserk engineman.
Also, of no small measure, there’s a pox on both houses. For example, Democratic progressives were unmoved by many of the concessions to GOP/MAGA allowed by Democratic senators during the border bill negotiations. The Congressional Progressive Caucus had this to say on May 22:
“We are disappointed that the Senate will once again vote on an already-failed border bill in a move that only splits the Democratic Caucus over extreme and unworkable enforcement-only policies. This framework, which was constructed under Republican hostage-taking, does nothing to address the longstanding updates needed to modernize our outdated immigration system, create more legal pathways, and recognize the enormous contributions of immigrants to communities and our economy. . . It is tempting to simply embrace the very policies we rejected under Donald Trump to counter the horrific xenophobic and racist attacks against immigrants coming from the right. We urge our Senate Democratic colleagues to resist this urge and instead show a clear contrast between Republicans and Democrats. Abandon unworkable policy solutions offered by Republicans and instead work with our caucuses to craft a common-sense bipartisan bill that provides holistic solutions that address our economic, humanitarian, and security needs — not more of the same enforcement-only approach that has failed us for the last 30 years.”
Moreover, the Tri-Caucus – a diverse group of legislative leaders comprised of the Congressional Asian Pacific American Caucus (CAPAC), Congressional Black Caucus (CBC) and Congressional Hispanic Caucus (CHC) – were leery of the Senate’s deal. One of their group, CHC, issued a statement, excerpted below:
“The Senate border bill once again fails to meet the moment by putting forth enforcement-only policies and failing to include provisions that will keep families together . . . As written, the bill excludes critical protections and legal pathways for families, farm workers and America’s Dreamers who have been in the U.S. contributing to our Nation’s communities and economy for decades. . . CHC recognizes that our immigration system is broken and that there are challenges at the border that Congress must address. However, if this bill passes, it will set back real comprehensive immigration reform by years.”
I sympathize with the progressive concerns and usually side with them, and there indeed were some MAGA/GOP nasty provisions in the bipartisan border bill. The tactics here missed the moment though, when Democrats needed to present a solid front. There are times when one must accept the possible versus the perfect. This bipartisan bill was that moment when a Pyrrhic victory was worthwhile. With a win on the bipartisan bill, Democrats would have:
- pleased most American voters (many Democrats consider border security their greatest concern);
- helped Biden and Democratic 2024 candidates in red and purple states by giving them a big win by softening the resistance of swing voters; and;
- turned some of those highly border-concerned independent votes from leaning MAGA/GOP to Democratic votes, and that group will be decisive in 2024 for Biden and Senate and House races with control of two out of three government branches at stake; and;
- provided Democrats – should they capture majorities in Congress and return Biden to the White House – many chances to modify the bipartisan bill’s immigration policies to revise or remove some or all of the most objectionable MAGA/GOP provisions.
It was that important to compromise on the border security bill and there will be no more chances before the election. Opportunity – a big one – missed.
Is it too late for President’s border closing effort to remedy the harm done by failing to pass the bipartisan bill through a divided Congress? I do think the border issue will swing this election. Bear in mind, should MAGA/GOP forces repopulate the federal government in 2025, the immigration bill they will formulate will be draconian. For example, see a GOP bill that cleared the House one-year ago, a bill that would have codified President Trump’s policies and added ever more severe policies. Hopefully, the future of Biden’s Proclamation in the five months before election day will cure much of the public’s intense concern about the administration’s immigration policies and turn undecided votes to Democratic votes. Hope especially for a minor miracle – that the disappointing Biden campaign staff will know/learn how to use and widely publicize this win From my typewriter to God’s ears.