The Causes of the Latest Border Crisis, and How to Fix It
How did illegal immigration along the U.S.-Mexico border become the mess that it is? U.S. Customs and Border Patrol (CBP) encounters with migrants averaged under 600,000 in fiscal years 2010-20, but tripled in fiscal 2021, the year Biden took office, to a record of nearly 1.9 million, and reached 3.2 million in fiscal 2023...
This crisis is driven by the abuse of a loophole in... the Immigration and Nationality Act (INA). This loophole allows migrants who would normally be removed from the United States to declare "an intention to apply for asylum" or "a fear of persecution"; they are then referred to a U.S. Citizenship and Immigration Services asylum officer to screen whether they have a "credible fear"... The definition of "credible fear" is being stretched...
Facilitating a New Migrant "Superhighway"
The Panama-Colombia border is a key bottleneck where migrants coming from all over South America funnel into North America. Since Biden took office, migration across this border has increased a staggering fifty-fold: it averaged under 11,000 over 2010-20 but reached 500,000 in 2023, roughly the population of Atlanta...
Part of the answer is what Bensman calls a new migrant "superhighway": a network of faster, safer, and legalized migrant routes from Colombia to the U.S. border. Bensman explains how, in 2022... the Biden administration helped create this new migrant superhighway by way of three actions.
First, it encouraged Panama and Costa Rica to provide overnight buses shuttling migrants across each country toward the United States, in a program called Operation Controlled Flow... Second, it convinced Panama to help migrants bypass the Darién Gap by pulling back its coastal sea patrols to allow migrant smuggler boats from Colombia to land safely at two locations on Panama’s coast. And third, it held talks in Mexico City in 2022, after which Mexico began issuing travel permits to all migrants coming in from Guatemala.
The relatively narrow Panama-Colombia border is the obvious choke point... But instead, the Biden administration has actively worked with Panama and other Latin American governments to make this border less of an obstacle to illegal migrants and speed up their journey...
Solutions
(1) End the Biden administration’s catch-and-release policies and return to the successful Remain in Mexico policies that require migrants to wait in Mexico while their asylum claims are processed...
(2) Close the asylum loopholes by enforcing the true criteria for asylum as written in U.S. law...
(3) ... build immigration courts at every point of entry...
(5) Work with Panama and Costa Rica to abandon Operation Controlled Flow and, as Bensman has proposed, seal Panama’s border with Colombia...
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