Restoring Immigration Enforcement in America - House Judiciary - 01/22/2025
Different perspectives on immigration enforcement in the United States are presented by various individuals and organizations in the sources. Here are some key arguments from different points of view:
Arguments for stricter immigration enforcement and border security:
Impact of Sanctuary Policies: John Fabbricatore of the Heritage Foundation argues that sanctuary policies shield criminal aliens from accountability and put communities at risk. He believes these policies create havens for individuals who commit crimes such as drug and human trafficking. Fabbricatore also argues that these policies undermine the rule of law by not cooperating with federal authorities. He cites cases of criminal aliens being released due to sanctuary policies, resulting in further violence and tragedy. Fabbricatore emphasizes that the focus should be on providing sanctuary for U.S. citizens and law-abiding residents, not criminal aliens.
Abuse of Immigration Laws: Grant Newman of the Immigration Accountability Project and Jessica Vaughan of the Center for Immigration Studies claim that some aspects of immigration law, such as "humanitarian parole" and Temporary Protected Status (TPS), are being abused to allow ineligible individuals into the U.S.. They argue that humanitarian parole has been used to allow hundreds of thousands of inadmissible aliens to enter without proper screening, and that TPS, which is supposed to be temporary, has become a decades-long program. They also highlight abuses of visa programs. They propose limiting eligibility for these programs, strengthening vetting procedures, and ending policies that allow applicants to receive work permits and protection from deportation upon mere filing of an application.
"Catch and Release": Grant Newman criticizes the Biden administration for embracing "catch and release," arguing that it has led to the release of millions of inadmissible aliens into the U.S.. He suggests that policies like the "Remain in Mexico" program (MPP) were more effective in reducing illegal entries. Newman calls for limiting the executive branch's discretion in handling individuals at the border to only three options: detention, return, or removal. Newman asserts that the perception of how strictly immigration laws will be enforced is a deterrent.
Role of Criminal Gangs and Cartels: Fabbricatore emphasizes that criminal gangs and Mexican drug cartels exploit lax border and interior enforcement policies. He argues that sanctuary policies enable these gangs to thrive, contributing to drug trafficking, violent crime, and human trafficking. He calls for stricter enforcement and cooperation between local and federal law enforcement to dismantle these networks.
Need for Congressional Action: Witnesses like Vaughan and Newman state that Congress needs to play a crucial role in restoring immigration enforcement and securing the borders. Recommendations include clarifying the authority to delegate immigration enforcement to local law enforcement, completing a biometric entry-exit system, requiring mandatory visa interviews, and limiting visa overstays. They also suggest discouraging sanctuary policies, improving interior enforcement, and limiting abuses in parole and TPS. They also propose initiatives such as The Laken Riley Act and H.R. 2, The Secure the Border Act, to reform the immigration system.
Arguments for more lenient immigration policies and addressing systemic issues:
Trump Administration's Actions: David Bier of the Cato Institute argues that the Trump administration significantly weakened both legal and illegal immigration enforcement, undermining the rule of law, and imposed unnecessary costs. He highlights the administration’s restrictions on legal immigration based on income requirements, travel bans, and the banning of asylum requests. He also notes that the Trump administration reduced prosecutions for illegal entry, deprioritized criminal arrests, and released tens of thousands of detained non-citizens who had been convicted of crimes.
Biden Administration's Efforts: Bier suggests that the Biden administration attempted to reverse Trump's policies by reuniting separated families, ending discriminatory travel bans, reopening consulates, and streamlining visa processing. He notes the administration's efforts to increase processing capacity for asylum seekers and refugees and increase application processing capacity. He acknowledges that the Biden administration faced challenges, such as a booming U.S. labor market that attracted migration, and economic instability that led to high levels of border encounters, as well as court decisions obstructing some of their policies. However, Bier states that they restored enforcement, reduced border patrol encounters, and prioritized criminal arrests.
Positive Contributions of Immigrants: David Bier emphasizes that immigrants are overwhelmingly contributing to American society. The Congressional Budget Office estimates that immigrants will lower US deficits by a cumulative $1 trillion and increase the US economy’s size by nearly $9 trillion over 10 years. Bier argues that the current system does not facilitate lawful migration and encourages illegal immigration instead. Bier also points out that illegal immigrants are half as likely to commit serious crimes compared to US-born Americans.
Flaws in the Current Immigration System: Bier argues that the fundamental legal immigration framework is outdated and hinders lawful migration, encouraging illegal immigration instead. He suggests that a more effective approach would be to deregulate legal immigration, allowing immigrants to enter as long as they do not pose a security threat and meet other basic criteria.
These different perspectives highlight the complexity of the immigration issue and the many different approaches to immigration enforcement that are being debated in the United States.