Biden vs Trump Border Policies Comparison

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Key Takeaways:

Biden reversed many of Trump’s strict immigration policies, pledging a more humane approach but faced criticism from both sides.
Trump’s Title 42 and “Remain in Mexico” policies focused on rapid expulsions and deterring illegal crossings through stringent measures.
Biden maintained Title 42 during the pandemic while introducing legal pathways and reunification efforts to address family separations.

How Do Joe Biden and Donald Trump’s Border Policies Compare?

Just after taking office, US President Joe Biden vowed to put an end to what he termed the “moral and ethical” shame of Donald Trump’s immigration policies. The Trump administration had adopted a strict border policy and the Biden White House promised a more “humane” approach. Of the hundreds of immigration-focused actions the Biden White House has taken on the file, dozens have been aimed at reversing or undoing the policies of his predecessor. But the Democratic president has faced criticism both from immigration advocates who say his policies are unduly harsh and from Republican political foes who say he has not done enough.

Biden vs Trump Border Policies Comparison

What Actions Did Trump Take to Send Migrants Back?

Trump’s Enforcement of Title 42

In March 2020, during the early days of the Covid-19 pandemic, President Donald Trump invoked Title 42. This controversial statute was presented as a public health measure, allowing US authorities to swiftly expel migrants, including asylum seekers, at the border. Nearly 400,000 people were detained and expelled between Title 42’s implementation and January 2021 when Trump left office. Critics, such as Human Rights Watch, argued the policy was illegal and violated human rights, as it allowed expulsion without any legal process.

How Has Biden Adjusted This Policy?

Biden’s Defense and Amendment of Title 42

President Joe Biden defended maintaining Title 42, citing the ongoing pandemic. Between January 2021 and May 11, 2023, over two million people were expelled under Title 42 authority. This period concluded with the expiration of the declared US coronavirus public health emergency. To replace Title 42, US immigration authorities introduced a “carrot and stick” strategy. This approach promotes legal pathways for migrants while imposing strict penalties for illegal crossings.

The strategy included:
– Regional processing centers in Latin America to help migrants apply to enter the US.
– Expanded access to CBP One, an app for scheduling asylum appointments.
– A new executive order on immigration announced on June 4, allowing the swift deportation of migrants who enter illegally without processing their asylum requests. This applies when a daily threshold of 2,500 migrant “encounters” is reached.
– Notably, the executive order relies on law 212(f), previously used by Trump to ban immigration from predominantly Muslim countries, now utilized for swift deportations.

What Was Trump’s “Remain in Mexico” Policy?

Trump’s Migrant Protection Protocols

In January 2019, the Trump administration implemented the Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” policy. This required asylum seekers to wait in Mexico for their US immigration hearings. About 70,000 people were sent back to Mexico, often vulnerable to criminal gangs. Human Rights First estimated over 1,500 migrants were kidnapped, raped, or abused after returning to Mexico. Biden called this policy “inhumane.”

How Did Biden Address the “Remain in Mexico” Policy?

Biden’s Suspension and Termination Efforts

On his first day in office, President Biden moved to suspend the “Remain in Mexico” policy. By June, the Department of Homeland Security sought to terminate it officially. However, a Trump-appointed federal judge in Texas ruled that Biden’s administration had improperly canceled the policy, leading to its restart in December 2021. In June 2022, the US Supreme Court sided with Biden, ruling that the termination did not violate proper administrative procedure, allowing the policy’s rescinding.

How Did Trump’s “Zero-Tolerance” Policy Affect Family Separations?

Trump’s Family Separation Policy

Under President Trump, the “zero-tolerance” policy empowered authorities to deport adults who crossed the border illegally. In some instances, parents were deported without their children, who remained in US government custody. Trump maintained this policy was a deterrent for potential migrants. Between 2017 and 2021, at least 3,900 children were separated from their parents.

What Measures Has Biden Taken to Address Family Separations?

Biden’s Reunification Commitment

President Biden reversed the family separation policy, reuniting some – but not all – families. As of April 2024, around 1,400 children remain separated, though about 300 are in the process of reuniting or have been contacted. In December 2021, the administration decided to stop holding families in Immigration and Customs Enforcement (ICE) detention. The new executive order includes exemptions for unaccompanied children and suspected trafficking victims. Additionally, family reunification programs exist for nationals of Honduras, El Salvador, Guatemala, and Colombia with relatives in the US.

What Is the Use of Parole in Immigration under Trump and Biden?

Trump’s Limited Use of Parole

Compared to President Biden, Trump utilized parole minimally, preferring strict immigration controls through the MPP program. On the campaign trail, Trump has expressed intentions to end what he views as “outrageous abuse of parole” under Biden.

How Is Biden Utilizing Parole for Humanitarian Purposes?

Biden’s Extensive Use of Parole

President Biden has relied significantly on parole to address humanitarian needs, which has existed since the 1950s. This practice includes:
– Humanitarian parole for detained migrants, especially if they have credible fears of persecution or torture.
– Specialized parole programs for specific nationalities, like Afghans and Ukrainians.
– A monthly allowance for up to 30,000 migrants from Cuba, Venezuela, Nicaragua, and Haiti to legally fly to the US through sponsorship programs.

The administration claims these efforts reduced crossings at the Mexico-US border, though they sparked legal challenges from several Republican-led states. While the border bill, which has not passed, would have maintained these programs, it broadly aimed to limit parole usage.

For more comprehensive information on US immigration policies, you can refer to the U.S. Citizenship and Immigration Services (USCIS).

Conclusion

Comparing Biden’s border policies and Trump’s immigration policies reveals significant differences and areas of contention. Trump’s stringent protocols focused on deterrence through rapid expulsions and keeping migrants in Mexico. Meanwhile, Biden aims for a balanced approach with legal pathways and humanitarian considerations. Yet, both presidents faced criticism—Biden for not fully escaping the shadows of Trump’s severe measures and Trump for his harsh and often punitive strategies. The debate on US immigration policies remains complex and deeply polarized, reflecting broader national discussions on borders, security, and humanity.

Learn Today:

Glossary of Immigration Terms

Title 42: An emergency health statute invoked during the COVID-19 pandemic that allowed U.S. authorities to expel migrants swiftly without typical legal processing, citing public health concerns.
Migrant Protection Protocols (MPP): Also known as the “Remain in Mexico” policy, this policy required asylum seekers to wait in Mexico while their U.S. immigration hearings were pending.
Zero-Tolerance Policy: A Trump-era policy aimed at prosecuting all adults crossing the border illegally, often resulting in the separation of children from their parents during detention.
Humanitarian Parole: A program allowing certain migrants, who face emergencies such as persecution or torture, to enter or remain in the U.S. for urgent humanitarian reasons or significant public benefit.
CBP One App: An application used by U.S. Customs and Border Protection to schedule asylum appointments and facilitate legal entry processes for migrants.

This Article In A Nutshell:

Joe Biden and Donald Trump’s border policies sharply differ. Trump’s policies emphasized strict enforcement and deterrence, including the “Remain in Mexico” protocol and Title 42 expulsions. Biden seeks a more humane approach, implementing legal pathways for migrants while reversing many Trump-era measures, yet faces criticism from both sides.
— By VisaVerge.com

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