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..   

 

If you want to know more about this article's topic, please check out 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 anotheropinionblog.com. It helps with the algorithms and keeps our articles in circulation. Thank you! 

 

As Title 42 lifts, Biden says border authorities 'need more agents'

Agropoly: A handful of corporations control world foodproduction

New American Economy: Agriculture

CFR: Ten Graphics That Explain the U.S. Struggle WithMigrant Flows in 2022

What is Title 42, why is it ending and what's happening now at the border?

Closed borders, travel bans, and halted immigration....

How Title 42's expiration reshapes immigration policy at the U.S.-Mexican border

U.S. imports of fruit and vegetables up in 2019, USDAreports

Do You Want Fries with Your Pandemic? Global Famine on the Heels of COVID-19

It seems we've entered into a phase where we just can't catch a break. A month or so ago, I read an article where parts of the Middle East were being affected by locust swarms of biblical proportions. California, as everyone knows, was hit by a series of massive wildfires, which were, in part, the result of faulty power lines belonging to PG&E while others were intentionally, as was Australia. Globally, there has been a series of volcanic eruptions and upticks of earthquakes, especially in South America and Asia along the so-called "ring of fire", which is an area with the most active volcanoes along the Pacific Rim.

Of course, we've been locked into a debate for over a decade as to whether we are experiencing climate warming which, if true, could have catastrophic consequences on the planet for decades or centuries to come. Meanwhile, others argue that there is no proof of global warming. What changes that are taking place are ordinary changes like the Earth has been experiencing for thousands or millions of years. A sizeable minority maintain that there are no changes happening whatsoever, and then there are those who even claim we may actually be entering a brief period of global cooling!

Nowadays, we facing a pandemic which some experts say could cause hundreds of thousands of deaths. Fortunately, no one is predicting that the current flu-like virus will have the same numbers of the 1918 Spanish Flu which killed an estimated 20 to 50 million people worldwide (that's more than who died during World War One) while infecting at least 500 million.

As an aside, Ebola, which isn't a respiratory disease like MERS, the Bird Flu, or COVID-19, has killed approximately 11,300 people and infected some 28,000 (mostly in Africa) according to the World Health Organization (WHO) as of 2016. Meanwhile, the AIDS pandemic, which began around 1981 and continues today has caused 35 million deaths. The Swine Flu of 2009/2010 infected 1.4 billion people according to the Center for Disease Control (CDC). While the exact number of deaths are unknown, the CDC estimated that somewhere between 151,700 and 575,400 people died from complications resulting from the Swine Flu. MERS killed around 100 people and the Bird Flu killed approximately 400.

Now, the corporate media is starting to report that as result of the business closures triggered by the COVID-19 outbreak and resulting global economic decline in trade, food production and distribution may become affected. If this occurs, these same news outlets are predicting that there could be a food shortage worldwide, which could become severe or catastrophic in some places.

I'm sure most of us have heard about dairy farmers having to throw out thousands of gallons of milk while produce farmers are allowing equal amounts crops to rot in the field, yet the demand for food in food banks, homeless shelters, and other facilities which cater to those who are food insecure has dramatically increased thanks to the virus situation. Why are we allowing all this to go to waste? Before we address that question, let's look at the food situation globally and nationally first, and who are the most vulnerable.

According to the United Nations, approximately 812 million people do not get enough food to meet basic nutritional needs. That's roughly one in nine individuals globally who go to sleep at night hungry. Asia is the worst affected, followed by Africa (mainly the Sub-Saharan region). Poor nutrition is listed as the prime cause of death among 45% of all children under five years of age. That's about 3.1 million children. One in four are stunted while one in six are underweight. 66 million children globally go to school hungry.

In addition, the lack of proper nutrition also affects their mental development. It also leaves them with a weakened immune system and chronically poor health which often affects them for life. This also affects prenatal women who are typically undernourished in these regions as well. An interesting side note, due to religious and cultural traditions, women are often not permitted birth control. Incidentally, women farmers are not allowed the same resources as the men when it comes to farming for the same reasons. If they were, an estimated 150 million additional people could be fed annually.

In the United States, the "land of plenty", nearly 38 million people live in poverty. An estimated 78% of Americans live from paycheck to paycheck according to a survey done by CareerBuilder in 2019. Three in four are in debt and expect to remain in debt. 45% of Americans have no savings or money set aside for emergencies (72% have less than $1000 set aside). An average of 25% of workers have no money put aside toward retirement. Credit card debt alone in this country is a one trillion dollar issue.

Of the 38 million people living in poverty, 37 million are "food insecure" which is a polite euphemism for not knowing where or when their next meal is coming from. Of this number, 11 million are children. 12.3% are considered the "working poor". 60% of seniors routinely have to decide between food, medicine, and expenses every month. The majority depend on some form of outside assistance such as a food bank, shelter, church, or similar organization. The children of those in poverty depend on school provided meals. Often it's the only meal they can actually count on.

With the COVID-19 pandemic upon us, it only compounds the situation. People aren't working and unemployment will only get you so far, even with small extra government provided "perks" such as the stimulus checks. Meanwhile, with people not working and businesses idle, no revenue is being produced, which means no taxes being generated to keep governments functioning. Yes, governments and businesses can borrow money, but that's just delaying the inevitable (plus the added interest). The result is an economy slowing down and the likely advent of a recession the longer we remain in quarantine, which brings us back to the topic of hunger.

In the best of times, global famine remains a serious issue. With this pandemic, it's only going to get worse. While in most countries, especially the highly industrialized nations, such as Russia, Germany, South Korea, Japan, France, or the UK, it's doubtful it will come to that. However, getting food is becoming an increasing problem, especially in the poorer countries, but also here at home.

There are already growing reports of people lining up in line for hours to get basic food packages only to find out that they "just" ran out. Food banks, as I said earlier, are reporting a significant increase in demand. So, why are there crops in the field being allowed to rot while thousands of gallons of milk go down the drain literally?

Dawn Thilmany, an agricultural economist from Colorado State University, said that normally 50% of all food produced go to commercial use (restaurants, institutions, etc). Because of the quarantine, 75% of that business is gone. The remainder is what's being picked up by the drive-thru and home delivery businesses still open and by institutions who buy in bulk.

In addition, farmers have to cope with the ban prohibiting ten or more individuals gathering out of fear of spreading the virus. A typical farming operation can involve dozens of people. There is also the freshness issue. As general rule, crops will remain fresh for just two weeks (not to mention eggs). Even if they could harvest the crops, food banks, churches, and other organizations which feed the poor couldn't afford the cost the farmers would have to charge just to cover their labor costs, let along make even a small profit. Unfortunately, it's cheaper to let the crops rot in the field, at least in the short run.

The quarantine issue and worker safety is also at the heart of several meat processing and packing plants being shut down. So, that means that animals normally sent to slaughter will get a short reprieve. However, that also means they will continue to have to be fed and cared for. That costs money, and with no money coming in from the sale of the cows, pigs, chicken, and fish, it presents a serious financial problem.

Another agricultural economist, Andrew Novakovic of Cornell University, said that typically the dairy industry loses approximately. 0.3% of product as a result of fluctuating demand. However, because of the COVID-19 virus and the shutdowns (such as schools), demand is down around 15%. As a result dairy farmers are dumping upwards of 10% of the milk produced.

The reason is pretty much the same. There isn't as much demand for dairy based products such as cheese, butter, or sour cream. Therefore, less demand means less production. However, since the "production" is coming from cows rather than production lines, it's simply dumped. Meanwhile, the cows can't be laid off. They can't draw unemployment. That still have to be fed and milked, and that's money out of the farmer's pocket. The end result may be a selloff of dairy cattle and fewer dairy farms, which, in turn, will result in higher prices for dairy based products.

Farmers and meat producers don't, as a rule, make a whole lot of money. Most do pretty well, but it's the large commercial operations which dominate the market. They are the ones which can endure long shutdowns and absorb the costs. Farmers, meanwhile, are expected to lose around $688 million dollars in sales due to the shutdown. With those numbers, the average "mom and pop" or independent operation can't last, at least not for long.

The end result is that we may see significantly fewer independent operations. We'll also likely see higher prices due to the decline in the number of producers and the extra costs associated with the feeding and sheltering of all those pigs, chickens, and hamburgers on the hoof has cost which will be passed to the consumer.

So, we sit and wait. Maybe the government will step forward with a plan to save the small dairy farmer and meat producer similar President Roosevelt's Agricultural Adjustment Act of 1938 which paid farmers a subsidy not to grow crops in order to dry up surpluses and increase prices, thus keeping more farmers in business. Then too, maybe farmers will allow people to come out and pick crops (like fruits and vegetables) rather than let it rot in the fields along the lines of the biblical notion of "second gleanings" (Leviticus 19:9). They could even let churches, food banks, the homeless to come out. At least it would feed some of the hungry.

Virus or not, there is no reason anyone in this country of ours should go hungry, be it in good times or bad. We should be thankful for those individuals who show up and stock the shelves, who work the drive-thru or making home deliveries, the truck drivers or those who are still on the job filling our prescriptions, along with all the nurses, doctors, police, EMS, firefighters, the postal workers, the men and women of the military, the garbage men, housekeeping, those making sure we have clean water and electricity, and of course, the farmers who make it possible for us to put food on the table. Want to know more? Check out our links below.



ISGlobal: Ebola: Two Years and 11,300 Deaths Later

20 of the worse epidemics and pandemics in history

Global hunger continues to rise , new UN report says

Why farmers are forced to let food rot during the shutdown while others go hungry

California farmers are forced to let crops rot and thrown away milk while food band demand soars