There's no shortage of news here when it comes to Republicans. But we're in the third year of the Biden Administration and little is written about its plans, policies and doings here. The following article reports that the Biden Admin is now considering reinstating detention programs of migrant families, like those Biden criticized as a candidate and eliminated for being "inhumane" in 2021. This story was reported in the New York Times on 3/6/23.
Eileen Sullivan and
WASHINGTON — The Biden administration is considering reviving the practice of detaining migrant families who cross the border illegally — the same policy the president shut down over the past two years because he wanted a more humane immigration system, officials familiar with the discussions said Monday.
Although no final decision has been made, the move would be a stark reversal for President Biden, who came into office promising to adopt a more compassionate approach to the border after the harsh policies of his predecessor, former President Donald J. Trump.
The Biden administration has largely ended the practice of family detention, instead releasing families into the United States temporarily and using ankle bracelets, traceable cellphones or other methods to keep track of them.
But the administration has turned to more restrictive measures as it struggles to handle a rise in migrants fleeing authoritarian governments and economic ruin in their countries. Officials also fear a surge at the border after May 11, when a public health measure that has allowed authorities to swiftly expel migrants expires.
Mr. Biden’s tough new measures, including a crackdown announced last month that could disqualify a vast majority of migrants from being able to seek asylum at the southern border, have infuriated advocates who say the president is breaking campaign promises and embracing a Trump-era approach to immigration.
“Ending the inhumane practice of family detention has been one of the only positive immigration policy decisions of the Biden administration,” said Leecia Welch, a lead lawyer in the case that led to the 1997 Flores settlement, which limits the time children can spend in detention and establishes minimum standards for holding facilities.
“It is heartbreaking to hear there could be a return to the Trump-era use of this practice,” she said.
The White House declined to comment, but administration officials reject any comparison to Mr. Trump and say Mr. Biden’s policies are focused on finding ways to decrease the number of illegal crossings and expand migrants’ ability to seek legal pathways.
The Department of Homeland Security said no decisions had been made as the administration prepared for the end of the public health measure, known as Title 42.
“The administration will continue to prioritize safe, orderly and humane processing of migrants,” Luis Miranda, a department spokesman, said in a statement.
But senior White House and homeland security immigration advisers have held several meetings over the past few days to discuss their options, including reinstating the family detention policy, according to five current and former administration officials with knowledge of the discussions.
The officials said the Department of Homeland Security is outlining what it would need to do to restart temporary family detention by May 11.
One of the officials cautioned that the administration would follow the court settlement that sets a 20-day limit for detaining families, rather than holding them for weeks or even months as previous administrations did. Another option would be continuing the practice in place now — releasing families into the country, where they would be tracked and required to report to an Immigration and Customs Enforcement field office, the official said.
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In related news, the Biden Administration, last month, proposed a new rule that would would hold that migrants are not eligible for asylum if they entered the country unlawfully. The proposed rule, put forward by DHS, can be read here: https://www.federalregister.gov/documents/2023/02/23/2023-03718/circumvention-of-lawful-pathways As the NYT explains:
"It would allow rapid deportation of anyone who had failed to request protection from another country while en route to the United States or who did not notify border authorities through a mobile app of their plans to seek asylum....
President Biden took office vowing to restore a humane approach to the border crisis after his predecessor, former President Donald J. Trump, introduced a series of harsh immigration policies, including the separation of migrant children from their parents. But as the Biden administration has struggled to quell a surge of migrants fleeing economic ruin in their countries, including Cuba, Haiti, Nicaragua and Venezuela, it has turned to more restrictive measures.
The decision, announced jointly by the Homeland Security and Justice Departments, was sharply rebuked by human rights advocates who said the policy mirrored an earlier, much-criticized restriction under Mr. Trump that denied asylum to most migrants who had not first applied for it in Mexico or another country along their way. That policy had been struck down by several federal courts.
Many migrants do not apply for asylum in Mexico, preferring to try their luck in the United States. The new policy was expected to erect a formidable barrier to those hoping to submit U.S. applications."
See this explainer for further discussion and details: https://www.govexec.com/management/2023/02/bidens-border-crackdown-explained-refugee-law-expert-looks-legality-and-impact-new-asylum-rule/383350/
