US Elections: Immigration Takes Center Stage – Analysis

By Vivek Mishra and Ankitha Brijesh

Immigration is a key issue for the United States (US) in the upcoming elections, with challenges such as a drastic increase in illegal border crossings, strained resources, a broken asylum system, and deeply divided public opinion.

Since President Biden entered office, there have been over 6.4 million border crossings, demonstrating the scope of the immigration problem. The US asylum system is noticeably overburdened, with over 2 million pending cases resulting in a considerable backlog and placing enormous strain on the process. The spike in asylum applicants highlights the need for comprehensive immigration reform. Especially as immigration is a critical issue influencing voter sentiment and shaping the American political landscape, both the Republicans and the Democrats are deeply divided on how to address the crisis, making it an important issue that could impact election outcomes and future policy directions.

Republicans have strongly criticised President Biden's immigration policies, arguing that they are too lenient and have encouraged a surge in illegal border crossings. They blame Biden's rollback of Trump-era policies, such as the ‘Migrant Protection Protocols’ (MPP), also known as the ‘Remain in Mexico’ policy, which required asylum seekers arriving at the US southern border to return to Mexico while their immigration claims were processed in US courts, as well as stricter asylum rules, to deal with the increase in migrants attempting to enter the US.

Republicans have also highlighted the strain on border resources and the overcrowded detention facilities as evidence of a border crisis. They call for reinstating tougher border security measures, increasing deportations, and enhancing enforcement to deter illegal immigration. This opposition has fueled political debates and created significant obstacles to Biden's efforts to pass comprehensive immigration reform. As a result, the Democrats urged Biden to withdraw the broad immigration relief, which extends the parole programme—a regularisation mechanism that permits a foreign person who entered the country illegally to remain for a certain amount of time—in place. Currently, parole is usually awarded on a case-by-case basis.

Biden’s hurdles

Immigration has been a complex issue for President Biden, presenting both political and practical challenges. The surge in border crossings has strained resources and led to political criticism from Republicans advocating stricter controls and progressives demanding more humane treatment. Public opinion is divided, affecting Biden's approval ratings and legislative efforts.

The asylum system faces significant issues, including backlogs, as of 2023, there are about 788,000 outstanding asylum petitions in US immigration courts, with delays resulting in some cases waiting several years for a hearing. This backlog has dramatically expanded over the previous decade due to a growth in asylum claims and limited processing capacity, resource constraints, policy changes, and humanitarian concerns. Efforts to reverse restrictive policies from the Trump era have faced legal and logistical hurdles.

Additionally, the conditions in detention facilities and the treatment of asylum seekers, particularly families and unaccompanied minors, have raised humanitarian concerns. International relations with neighbouring countries, crucial for managing migration flows and addressing root causes, add another layer of complexity. Balancing enforcement with humanitarian considerations and navigating political opposition are key to addressing these challenges.

During his term as president, Joe Biden's immigration policy has focused on reversing many of the restrictive measures implemented by his predecessor. Biden has sought to create a more humane and orderly immigration system, emphasising the importance of family unity and fair treatment of immigrants. His administration ended the “zero tolerance” policy that led to family separations and worked to reunite families affected by it.

Biden has also aimed to preserve and fortify the Deferred Action for Childhood Arrivals (DACA) programme, providing protections for undocumented immigrants brought to the US as children. Additionally, he proposed comprehensive immigration reform to offer a pathway to citizenship for undocumented immigrants living in the country. Efforts to address the root causes of migration from Central America and improve asylum processes have been central to Biden's policy.

Immigration under Trump

During his term as president, Donald Trump's immigration policy was characterised by a series of stringent measures aimed at reducing both legal and illegal immigration. His administration implemented the “zero tolerance" policy, leading to the controversial separation of families at the US-Mexico border. Trump also sought to end the DACA programme, which protected undocumented immigrants who came to the US as children.

Additionally, Trump implemented travel bans on several predominantly Muslim countries, arguing it was necessary for national security. The construction of a border wall along the southern border was a signature promise, with significant resources allocated towards its development. Trump's policies sparked widespread debate and legal challenges, highlighting the deep divisions in American society over immigration. Numerous negative effects resulted from Trump's immigration policy, most notably the decline in the number of foreign workers entering the country.

In their first presidential debate which took place on 27 June, Joe Biden and Donald Trump sparred over immigration. Trump denounced Joe Biden for what he called an open border policy, asserting that the country had become “uncivilised” as a result of increased illegal immigration. Trump asserted that border controls were tighter under his administration and that he “closed the border” without the need for legislation.

Joe Biden defended the record of his administration by underscoring that there had been 40 percent fewer illegal border crossings since the conclusion of Trump's tenure. Biden emphasised his attempts to reach a bipartisan agreement on border security, claiming that Trump aides and Senate Republicans caused it to fall apart. Additionally, he cited recent executive steps that significantly decreased the number of interactions with migrants by lowering unlawful crossings.

Path forward

Immigration issue could indeed become one of the critical issues in the political slugfest leading up to 5 November, with Kamala Harris now replacing Biden as the presidential nominee of the Democratic Party. Harris was nominated by President Biden to resolve the “root cause” of immigration emanating from three Central American countries—Honduras, El Salvador and Guatemala.

Harris' work on immigration had focused on encouraging firms to invest in Central America and fostering democracy and development through diplomatic initiatives. In March 2024, the White House said that Harris had secured a commitment from the private sector to invest more than US$5 billion to increase economic opportunities and reduce crime in the area.

Despite these efforts, Harris has received a great deal of criticism for her efforts to address the core causes of Central American migration. Critics cite record levels of border crossings, congestion, and bad conditions in detention centres as proof of the Biden administration's inability to handle the migrant influx. Her delayed visit to the US-Mexico border garnered criticism for a lack of urgency, while her“do not come”warning to potential migrants in Guatemala prompted outrage from immigrant rights organisations. Despite an emphasis on diplomatic attempts to address issues such as corruption, violence, and economic instability in Central America, the Republicans contend that these programmes are yet to produce meaningful outcomes.

Recently, Joe Biden introduced one of the biggest immigration regularisation schemes which is expected toprovidethousands of undocumented immigrants in the nation with a route to citizenship. Some illegal spouses of US residents will be able to seek permanent residency and eventually citizenship without having to leave the nation, thanks to the new regulations.

More than 500,000 spouses of US citizens will be impacted by the change. A little over 50,000 noncitizen children under the age of 21 whose parents are US citizens by marriage will also qualify. If Harris harps on this strategy in her campaign, it could improve Harris's standing on immigration reform.

Meanwhile, the Republican presidential candidate intends to bring back first-term immigration policies if elected in November. These policies include restricting access to asylum at the border between the US and Mexico, doing away with automatic citizenship for children born to immigrants, assigning the National Guard and local law enforcement to “rapidly remove illegal alien gang members and criminals,” and enacting a merit-based immigration system.

Immigration has taken centre stage in the election cycle and is impacting voter behaviour, especially inrural areaswhere support for Trump is rising. The American asylum system faces significant challenges, such as backlogs, resource shortages, shifting policies, and humanitarian concerns, which have greatly influenced public opinion. President Biden has worked to implement more humanitarian and orderly immigration rules, but these efforts have fallen short of fully addressing the underlying issues. Extensive and ongoing reforms are necessary to turn the tide and restore the asylum system to working order. Addressing these persistent difficulties and deeply ingrained problems will be crucial for Kamala Harris.

About the authors:

• Vivek Mishra is a Fellow at the Observer Research Foundation
• Ankitha Brijesh is a Research Intern at the Observer Research Foundation

Source: This article was published by the Observer Research Foundation