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.
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/
