What’s happening at the border right now is concerning: there are bottlenecks in caring for unaccompanied minors. But it’s not a crisis. If anything, the crisis is in the large number of people who continue to be expelled, within hours, without a hearing.
Four of us at WOLA just published an explainer that I think is pretty good. Here’s an excerpt, but you should really read the whole thing, it’s got a lot of good graphics in it.
It may seem ironic, but even as it carried out the cruelest anti-migration policies in decades, the Trump administration presided over the largest flows of migration at the U.S.-Mexico border since the mid-2000s.
This continued through Donald Trump’s last months in office, which saw migration rise sharply even as stringent pandemic measures made the pursuit of asylum impossible. This shows the futility of declaring war on asylum, and the inevitability of large migration flows at a time of overlapping security, economic, political, public health, and climate crises.
The jump in migration of Trump’s final months continued accelerating during Joe Biden’s first two months in office. This is happening even as Biden’s Department of Homeland Security (DHS) keeps in place “Title 42,” a probably illegal Trump-era pandemic provision that expels most migrants within hours, regardless of their protection needs.
Is there a “crisis” of people attempting to cross the border?
The increased numbers of people crossing the border right now is something that border experts have predicted for some time now. The roots of what is happening are in the Trump administration policies that caused massive numbers of people to be stuck on the Mexican side of the border—policies like “Remain in Mexico” (which forced over 70,000 asylum seekers to wait for their U.S. court dates in Mexico border cities) and “metering,” a practice under which U.S. border authorities place severe limits on who is allowed to approach ports of entry and ask for asylum, in violation of U.S. and international law.
The increased border crossings was predictable, not because of Biden administration policies like winding down “Remain with Mexico,” but because of the dangers put in place by Trump’s cruel and illegal policies of deterrence.
Of the 114 months since October 2011 for which WOLA has detailed monthly data, February 2021 saw the third-most Border Patrol encounters with migrants. (The actual number of people was probably much lower since, as noted below, many migrants expelled under Title 42 attempt to re-enter shortly afterward.)
While third-most sounds like a lot, the impact on border authorities’ workload is minimal because Title 42 persists. Of the 96,974 migrants whom Border Patrol “encountered” in February, it quickly expelled 72 percent—down only slightly from the end of the Trump administration, which expelled 85 percent in December and 83 percent in January. The remainder whom Border Patrol actually had to process last month—26,791 migrants—was the 77th most out of the past 114 months. Being in 77th place hardly constitutes a crisis.
There is a serious capacity issue right now, though, for one especially vulnerable category of migrant: children who arrive unaccompanied by a parent or guardian.
There’s more — read on at wola.org.