Title 42: A 'Catch 22' for Ending Illegal Immigration?

 

With the end of Title 42, the U.S. Border Patrol has reported  1.33 million encounters with migrants attempting to cross from Mexico into the U.S. illegally in FY 2023. The total number of encounters nationwide was a record 1.8 million. The total number just in April 2023 was 211,401 individuals, which included over 28,738 Cubans, Haitians, Venezuelans, and Nicaraguans, all of which were from countries suffering severe economic hardship.

 What is Title 42?  Title 42 was made part of the Public Health Service Act of 1944 as a means of dealing with the anticipated mass immigration coming with the end of World War II. Its purpose was to restrict and expel immigrant individuals from the United States who presented as health risk to the public at large.

It originally came about in 1893 when Congress passed the National Quarantine Law in response to the Cholera epidemic (the fifth since 1817) and as a means to combat other communicable diseases that often accompanied new arrivals. Prior to 2020, Title 42 had only been applied nationally in 1929 when U.S. ports were closed to ships from China and Philippines due to an outbreak of meningitis.

In March of 2020, President Donald Trump applied the law once again, this time in response to COVID-19 upon recommendation from the Director of the Centers for Disease Control (CDC), Dr. Robert Redfield. It allowed the U.S. Border Patrol to detain and remove all new arrivals from United States who tested positive and to take appropriate steps to reduce the spread of the disease in detention centers.

Opponents of the law (many of whom also happen to favor open borders or easier access into the U.S.) claimed that President Trump was, in fact, using the law as a means to expel immigrants claiming asylum status in violation of U.S. and international immigration laws. They also like to claim that "no one is illegal", which is true. However, their actions may be. That's why we have laws.

They also cited the law and its application as violation of human rights despite being proclaimed a global crisis by countries throughout the world (according to the World Health Organization, as of December 31, 2020, some 1,813,188 individuals had died of COVID related causes. The U.S. experienced approximately 350,831 deaths).  Under Title 42, the U.S. evicted some 2.8 million individuals since 2020.  

Nevertheless, with the COVID crisis having been declared over, Title 42 was allowed to expire on May 11, 2023. In anticipation of the Title 42 ending, Biden stated that he would do nothing to prevent the law from expiring while also adding that he would aid the U.S. Border Patrol by providing more border agents---1,500 more to be exact, but will that be enough?

Biden commented in a interview with NBC News on May 8, that while the Border Patrol needed more personnel to help combat the expected onslaught of immigrants, he added that he wanted to see substantial reform in our existing immigration laws.

Biden said that he wanted to see a quicker path for individuals who came here illegally as children to become U.S. citizens under the Deferred Action for Childhood Arrivals (DACA) and added that U.S. corporations were pressuring the White House and Congress for continuing and expanding the DACA program. Of note was Biden's comment that we needed more farm workers.

The agricultural industry, which includes farming, fishing, and forestry contributes some $175 billion dollars to the nation's economy. The farm industry employs less than one percent of the total number of workers in the United States, or about 2.5 million individuals on private and corporate farms and ranches. Migrants of the sort Biden mentioned comprise roughly 450,000 of that number.  

Currently there is a shortage of around 141,800 farm workers annually on U.S. farms, which represents a decline of about 75% in recent years. As a result, American consumers are finding higher prices, fewer choices, and shortages at the grocery store.

Meanwhile, many small family farms, faced with higher operating costs, are going out of business, leaving the average consumer more dependent than ever on corporate giants like Cargill, Archer-Daniels-Midlands, Monsanto/Bayer and on foreign imports. 

In fact, the U.S. imports 2/3 of all its fresh fruit and 1/3 of its fresh vegetables from Latin America and China. In 2021, fresh fruits and vegetables accounted for nearly 24% of all agricultural imports into the U.S. which amounted to $39 billion dollars. In February 2023, the U.S. Department of Agriculture said that fresh and frozen fruits rose by 10% in 2022 to $19.3 billion dollars. Good news for China and Latin America!

The trouble with corporations like Cargill and Monsanto/Bayer, who control over 50% of the market, is that they are highly automated and need fewer workers.   High operating costs and lower profit margins have forced many family farms to cut back on hiring farm workers, not to mention that the 60 - 100 thousand migrants waiting to cross over into the United States might not have any interest in working on farms or being employed in low wage service or construction jobs for that matter.  

Opponents of Title 42 argued that President Trump's use of the law was less about controlling the outbreak of COVID as much as it was about providing a legal means to close down the southern border and remove immigrants despite Trump closing the borders with Mexico and Canada. Truth or politics?

The truth is that 189 countries, home to 65% of the world's population, had a complete ban on travel. Another 193 had a partial ban restricting movement into or out of their country (many imposed lengthy quarantine periods). 98 of these countries imposed bans on individuals from specific countries including China, which is believed to have been the origin point of the COVID virus.

As a result, around 91% of the world's population was under some sort of travel restriction.  Thus, Trump's action in activating Title 42 was in keeping with the majority of other nations in order to protect their citizens. It's worth nothing that while Trump closed the border with Canada and Mexico, Mexico was one of the very few countries which refused to close its borders or restrict travel.

The lifting of the Title 42 ban will undoubtedly open yet another floodgate of individuals seeking a new life in America as so many others have before them. The problem isn't individuals wanting to come to America legally. The problem is those who refuse to follow the law like thousands of others do every year. Instead, they want to "cut the line" and bypass all the gates designed to protect them and those already here. Why should they be an exception?  Is there anything we can do to control this, and what about the 11.3 million or so illegal immigrants now living in the United States? 

There will, no doubt, be ample numbers of unscrupulous businesses willing to hire those who slip thorough illegally, employing them in dismal sweat shop conditions for less than poverty level wages. There will also be those organizations (mostly religious) who will defiantly break U.S. immigration law to smuggle people across the border, even if it means working with criminal drug cartels to do so, not to mention hiding them and assisting in "playing the system" at taxpayer expense  because they don't believe the law should apply to them.

While adding more agents on the border is a step in the right direction, ultimately they will continue to come as long as there is a demand. Thus, the most effective way to stifle illegal immigration is to crack down on those hiring, aiding, and sheltering them.

American and Mexican efforts at curtailing the corruptive influence of the drug cartels has been, at most, ineffective. Many remain just as powerful and just as ruthless as they've ever been despite the absence of colorful characters like Pablo Escobar and Joaquin "El Chapo" Guzman. Some operate with near impunity within the United States either directly or through various gangs.

They use their assorted drug related connections to smuggle individuals across the border and into the U.S. at $3000 or more a head (no refunds). Others bypass the cartels and come on their own. Some link up with religious or similar groups who provide hideouts from law enforcement. They also help to find safe places to live, work, and ways to work around the system, which includes getting taxpayer based assistance for nearly everything from daycare or school for their children to healthcare and utility assistance.

Unscrupulous employers often take advantage of the situation and the individuals with offers of a job. These jobs are typically very low paying "piece" work in miserable work conditions. They receive few amenities most everyone is used to such as restroom or lunch breaks, and of course, no benefits. The places they work in are often unsafe and miserably hot or cold. As an aside, organized crime is often associated with these type of operations, especially in large cities.

Of course, being here illegally, it's not like they can complain to a union or OSHA.  A few, however, may be lucky enough to find work at legitimate employers willing to look the other way or maybe they can lie their way into a job, but they'll forever be looking over their shoulder out of fear of the authorities.

One key way to cut back on demand is by actively going after these low life employers and imposing hefty fines on each illegal immigrant they employ and suspending their business licenses beginning with their first offense.  Repeat offenses should bring longer and longer automatic jail time along with increasing fines. The goal is to make it unprofitable to engage in this sort of work.

The same should apply to religious and other organizations as well. In addition, their tax exempt status should also be revoked. The fines and suspension of business licenses should extend to companies who employ any of these individuals. Fines should also be imposed on those assisting in any way.

Cities and other municipalities who harbor illegal immigrants under the euphemism of "sanctuary cities" should automatically lose any federal dollars and other assistance. Several have instructed their law enforcement agencies not to cooperate with federal authorities in the arrest or re-arrest of illegal immigrants suspected of a crime. We currently have cities who not only openly defy federal immigration laws, but have actually asked for more federal assistance to deal with the influx of illegal immigrants! Now, that's brazen!

When it comes to labor shortage on farms, there are several things that can be done. First, make it easier for would be workers to apply for a work visa (aka "green card"). We want to make it easier on both the employer and potential employee.

Next, extend the length of employment at the discretion of the employer based on industry. Some jobs, like dairy, poultry, or beef are year around work while others, like fruit or vegetables, are seasonal. Allowing tax credit for hiring seasonal workers (migrant or not) to small farms is another way to help keep the family farm going.   

Additionally, provide for a English languages classes. It benefits no one if they can't be understood. In   Czarist Russia during the 1860's and 70's, student intellectuals called the "Narodniks" would go to the countryside to teach the peasants how to read and write. Colleges and universities could offer similar programs to help migrants learn to read and speak English in exchange for class credit hours.

The next thing that can be done is offset the cost of hiring workers. In many cases, these individuals lack transportation, so the employer has to pick up the cost. The creation of co-ops and working with unions such as the United Farm Workers could be a way to cut down on the expense of transportation.  Lastly, open up avenues for these individuals to stay and become citizens if that's what they want to do. If they want to work, so why not let them stay?

Lastly, of course, is reforming existing immigration laws. President Ronald Reagan was the first to offer amnesty in 1986 to the estimate 5 million illegal immigrants in the U.S. The result? More came in the hopes of another amnesty program, and they will keep coming. Amnesty isn't the answer. 

The U.S. must make it clear in as many way as possible (including the use of commercials on Latin American radio or TV) that illegal immigration is not acceptable and they will be deported. If they want to immigrate, contact the nearest U.S. embassy to do it correctly. Return immigrants at the expense of their native country by offsetting the foreign aid we send them. Require new immigrants to speak, read, and write a minimal amount of English as well as have a basic understanding of our laws. It will only make their life easier.

Secondly, we need to stop meddling in the internal affairs of other nations. Many of the immigrants on our southern border are there due to sanctions or embargoes imposed by the U.S. Government. Stop it. Not everyone wants to be like us or even do business with us. The sanctions and embargoes only makes their lives unbearable (not the government's) and forces them to come here.  

We also need to stop installing or propping up corrupt governments. Many of these tinpot dictators take the aid we send and use it as bribery or sell it. Their corruption contributes to immigrants fleeing to our border. We also mustn't forget that 60% of Americans live paycheck to paycheck or that we have the widest wage inequality of any industrialized nation in the world. Why?

COVID may be over, but there will be others like it. Illegal immigration and the problems it brings aren't going to go away.  As Albert Einstein once said, "insanity is doing the same thing over and over again and expecting a different result". If that's the case, we're being led by the insane..   

 

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The Quiet Invasion: Illegal Immigration Under President Biden

Not much has been said or written about illegal immigration lately. We've been focused on inflation, the war in Ukraine, the growing aggression of China, the "Great Resignation", and gas prices. However, none of that, as severe as they may be on their own, replaces the issue of illegal immigration which goes back to at least the presidency of Ronald Reagan, and yet we're hearing very little about it.

Illegal immigration is "the quiet invasion". Currently there is an estimated 11.7 million illegals currently living in the United States. 53% are believed to be Mexican. 16% are from Asia (mainly China, the Philippines, Vietnam, and Korea), followed by El Salvador, Guatemala, and Honduras. About 4% or 430,000 illegal residents are from India.

However, 17% or about 2 million are from elsewhere, such as Russia, Africa, Middle East or Europe. Most come from "south of the border", however, Canada has become an important crossing point due to its largely open and thinly monitored border. Amusingly, there's an estimated 70,000 Canadians living in the U.S. illegally. Most of those are thought to be residing on either coasts. California and Texas saw the biggest influx with a combined 40% of all illegal immigrants. 

Other crossing points includes U.S. coastlines which are typically unmonitored and typically close to large cities.  The good news is that the border patrol usually intercepts up to 2/3 of those attempting to enter illegally. A record 210,000 were arrested in March 2022; a 24% increase from March 2019. 

During President Trump's Administration, illegal immigration dropped  off significantly due to his crackdown, starting with a wall along the Texas/Mexico border. 2017 saw a 46 year low; down 25% from 2016, although still well less than under the Obama Administration's high of 298,000 arrests in 2009 compared to Trump's high of 143,000 in 2019. Nevertheless, President Biden promised to undo many of Trump's immigration policies.

As promised, on his first day in office Biden signed six executive orders reversing portions of Trump's immigration policies. He also sent Congress a comprehensive immigration reform bill. Biden has taken steps to boosting refugee admissions (and expanding the requirements to qualify as a refugee), protecting so-called "Dreamers" or those who came here illegally as a minor alone or with their parents, and expanding Obama's "DACA"  or "Deferred Action for Childhood Arrivals" program.

It should be noted that under United Nations guidelines, refugees are considered those fleeing their country due to war/conflict or ethnic and/or religious persecution. UN guidelines state that refugees must go to the next nearest safe country, not traverse the continent to find one of their liking.  However, per the UN, those seeking economic betterment do not qualify as refugees.

Biden's proposals ignore that exception since most individuals seeking entry into the United States are doing so to improve their economic status. Biden has stated that the U.S. is committed to settling some 20,000 refugees, particularly from Latin America, and most notably from Haiti. He is also resuming the Cuban Family Reunification Parole Program which will allow reunification of Cubans with their American relatives (a similar program will be made available for Haitians). 

He also decided not to enforce the "public charge rule", denying green cards to those who would use them to obtain taxpayer backed benefits such as Medicaid and Social Security, as well as food stamps. Biden also supports legislation to allow the estimated 11.5 million here illegally a means whereby they can remain legally, and even obtain citizenship over a eight years period.  

69% of those issued a green card are based on pre-existing family ties here in the United States. 14% are issued for purpose of obtaining legal employment. 8% are given to refugees while their application for permanent residency is being processed under the Temporary Protection Program.  Another aspect of Biden's loosened immigration policy is broadening standards needed to obtain a H-1 Work Visa, especially for highly skilled or agricultural workers (which comprised 22% and 24% of the visa's issued). 

Another change made by the Biden Administration has been the restructuring of U.S. Immigration and Customs Enforcement (or better known as "ICE"). From now on, it will restrict its immigration enforcement to those who pose a threat to U.S. national security such as felons and recent illegal immigrants (thus excusing the so-called "Dreamers").  It would also reprioritized  to lower status those with older non-felony criminal records.

In the last 11 months of the Trump Administration, an average of 6,000 illegal  immigrants were arrested  monthly by ICE. Under Biden, that number has dropped by half for the first 11 months of his administration.  Biden also moved to halt Title 42, which was the last effective legal mechanism for deporting illegal immigrants.

Title 42 was a public health order which provided government the power to deport an immigrant for health reasons such as the spread of contagious diseases like STDs or Covid. This was to have gone into effect in May 2022. However, just prior to being halted, a federal judge in Louisiana blocked the move which means immigrants can still be deported for spreading certain diseases...for now.

Also among those whose arrest have been reprioritized  are illegal females who are pregnant, recently given birth, or are currently nursing, along with those currently hospitalized, under doctor's care, attending a public function like a wedding or funeral, attending a religious function, or is at a social services facility. Children at school or on a playground may not be apprehended (including their parents or other relatives). The idea appears to be to create a softer and more compassionate immigration enforcement agency.  

ICE raids of businesses are known to strike fear in the hearts of illegal immigrants out of fear of arrest and deportation, while proving to be an annoyance to employers who are often fined but rarely arrested, face the loss or suspension of their business license, or serve time.  Between 2000 and 2020, there were nearly 30,000 arrests of employees as a result of these raids but fewer than 75 managers.  

Now, under Biden, such raids have stopped. In addition, now the Department of Homeland Security (DHS) are actually encouraging illegal employees to rat on employers for "exploitative" or unsafe employment practices in exchange for legal protection and deferred deportation status (in other words, DHS looks the other way while they're given a head start to get out of Dodge and find another job). 

Lastly, the Biden Administration ended the family separation program, which was begun under the Obama Administration, but for which President Trump was blamed by the media. In conjunction, Biden also ended the long term family detention program which had been in effect since 2001.

So, what does all this mean? As a result of the changes discussed above, the border patrol has stated that they are anticipating as many as 18,000 attempted illegal border crossing per day. Yet, despite the changes, Biden didn't change the funding for DHS or ICE in FY 2022.  But for FY 2023, he is requesting $56.7 billion for Homeland Security, which includes an 80% increase in funding for immigration courts.

However, Biden is also asking for a 8% reduction in funding for ICE's Enforcement and Removal program while funding of the Border Patrol is expected to see a 13% increase over the previous funding. This increase calls for the hiring of an additional 300 border agents.

More technology will be added to border protection, which will increase to $309 million. It includes funding for additional watch towers, personnel sensors,  aircraft/drones, and aircraft monitors to detect incoming planes. Lastly, funding of ICE's detention operations will see a drop by about 25%.

This represents a decrease from 34,000 beds to around 25,000, meaning that ICE will not be capable of holding as many detainees, which in turn, encourages fewer arrests and more rapid processing. Overall, Biden's FY 2023 budget, as it pertains to containing and curtailing illegal immigration isn't much different than President Trump's. Critics of the budget are already chiding Biden for "more of the same". 

With just under two more years remaining in office, it's unlikely Biden will do anything dramatic. It's also just as likely that, given his consistently poor approval rating (which is currently at 36% for the fourth straight week), that Biden will see a second term (not to mention his declining mental health). There's also an increasing likelihood that the Democrats could lose control of at least one chamber of Congress in the midterm elections this November.

Overall, his FY 2023 budget appears more of a readjustment of both Obama's and Trump's immigration policies rather than anything new. Having said that, the ongoing situation in Ukraine will likely result in more refugees being accepted than expected.

Afghanistan too is continuing to unravel as the Taliban slowly try to re-impose its version of Sharia law despite assurances to the contrary. This has been particularly hard on female professionals who had begun to thrive during the American occupation as they had during the pre-Taliban era. The same thing applies to females being able to attend school. 

In addition, there were thousands who aided the U.S. military in various capacities that were left behind. The number of these individuals applying for emergency refugee protective status will grow and for the most part will be granted.  The situation in Syria for the Kurds and Yazidis who face severe ethnic and religious discrimination, and in some instances, attempts at genocide, will worsen as will their applications for emergency refugee status. Additionally, there has been an increase in illegal immigration from countries in Asia facing unstable political situations, not to mention the growing threat of war due to China's growing aggression.   

Finally, there will be continued mass migration from South and Central America due to growing economic instability, increasing violence, and political corruption (which tend to include the police and military).   Thus far, most of it is stopped at the Mexican/U.S. border. However, the influx has put a tremendous strain on Mexico's resources, despite increased U.S. aid (the State Department confirms that in 2021 we gave $321 million dollars to Mexico and Central America in humanitarian aid). This money covered refugees, asylum seekers and other migrants, and is expected to increase under Biden.

It's worth nothing that while amnesty isn't on the table this go around, the Biden Administration has switched gears when it comes to businesses hiring illegal workers. Now, under Biden's revised plan, ICE agents would "look the other way" in exchange for employees ratting out employers, meaning more illegal workers will remain in the country rather than be deported.  

Also not on the table is what to do about individuals and groups who undermine U.S. immigration law by illegally bringing illegals into this country and providing them with housing, jobs, and other forms of assistance (most of these are religious groups who believe they're exempt from the law). 

Like with businesses, those caught could face fines, loss of their tax exempt status, and/or jail time. Taxpayers pay out an estimated $113 million dollars a year to support these illegals, not including what they unknowingly give in the way of donations to certain churches and religious institutions. Apparently, there will no change in the existing laws unless forced by U.S. citizens. 

Until the political class in Washington and around the country develops the fortitude to put an end to illegal immigration while simultaneously proving aid to legitimate humanitarian needs, illegal immigration will remain a growing problem and will lead to a destabilization of the U.S. economy, as well as the political and social structure of this nation. This will require the American voters to reward and punish those politicians at the ballot box and to call them out at every public venue possible.

 

If you want to know more, please take a look at the links below. If you enjoyed the article, please consider passing it along to others and don't forget to subscribe. It's free! Lastly please be sure to "like" us on whatever platform you use to read A/O. It helps with the algorithms and keeps our articles in circulation. Thank you!  

 

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