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An Immigration Crisis Beyond Imagining
Hillsdale ^ | January 2024 | Todd Bensman

Posted on 02/07/2024 5:17:50 PM PST by Twotone

The following is adapted from a talk delivered on January 22, 2024, at the Allan P. Kirby, Jr. Center for Constitutional Studies and Citizenship on Hillsdale’s Washington, D.C., campus, as part of the AWC Family Foundation Lecture Series.

In 1960, the Eisenhower administration began counting the number of foreign nationals “apprehended” or “encountered” by what was then called the U.S. Border Control when crossing into the U.S. over its southern border with Mexico. These figures have been published and closely monitored through the years, and there has never been anything like the numbers we are seeing now. A human tsunami of previously unfathomable size—Border Patrol has had to handle more than 7.6 million border crossers in 36 months—has smashed every record, with each year’s numbers exceeding the previous year’s record in stair-stepping fashion.

Of the over 7.6 million illegals encountered by Border Patrol since January 2021, the number allowed to stay inside the U.S. is somewhere north of five million. But with the percentage of those allowed to stay now approaching 100 percent, if current trends hold, the total allowed to remain in the U.S. under the Biden administration will reach ten million by next January.

The U.S. has experienced surges of illegal immigration in the past, but these have been brought quickly under control by implementing policies to deter, block, detain, and deport illegal immigrants. Not this time. To put the current numbers in perspective, consider that Jeh Johnson, President Obama’s Director of Homeland Security, told MSNBC that in his time in office—when the number of illegal crossings was relatively low—he considered it bad if apprehensions exceeded 1,000 a day, because anything more than that “overwhelms the system.” Over the past three years, apprehensions have averaged about 6,940 per day.

Even with a surge in illegal crossings in 2019—this was due to a legal loophole that encouraged illegals to cross with minors—the Trump administration had brought apprehensions down to between 800 and 1,500 a day in his final year in office, the lowest numbers in 45 years. Four months into the Biden administration, apprehensions spiked to about 6,000 per day. There were 2.4 million apprehensions in 2022, a daily average of 6,575. In 2023 there were three million apprehensions, a daily average of 8,219. Entering 2024, apprehensions were up to 12,000 to 15,000 per day.

The reality is even worse, because these numbers do not include the people who entered the U.S. illegally without being apprehended—sometimes referred to as “gotaways”—a number the Border Patrol estimates but does not make public. That estimate over the past three years is two million, bringing the three-year total of illegal immigrants to ten million—a number equivalent to the population of Greater London or Greater Chicago.

But these are just numbers. Who are these people? They are internationally diverse: 45 percent come from 170 countries outside the traditional origin countries of Mexico and Central America. Many are unaccompanied minors: 448,000 to date. More than 330 as of November 2023 are on the FBI’s terrorist watch list. Many are murderers, rapists, kidnappers, and violent criminals. More than a million have been lawfully ordered deported by judges in the U.S. but remain in our country regardless. The dismissal by the executive branch of our government of hundreds of thousands of cases of immigration law violations is unprecedented.

It is worth noting some other firsts: Mexico’s crime syndicates and their paramilitary forces have never earned so much money from cross-border smuggling, and it is reported that their proceeds from human smuggling are surpassing those from drug smuggling for the first time. Never before have the Border Patrol’s 19,000 agents been ordered to abandon vast stretches of the border to conduct administrative intake duty. Never have so many immigrants died to take advantage of policies that all but guarantee quick release into the U.S. Never has our government explicitly refused to enforce immigration laws requiring detention and deportation of illegal immigrants on the grounds that those requirements are cruel and inhumane—instead adopting ad hoc policies aimed at providing “safe, orderly, and humane pathways” into the U.S. for illegal border crossers. And never has there been anything like the current conveyor-belt policy to distribute millions of illegals throughout the American interior.

This crisis is not the result of incompetence, but of purposeful policies. What is more, America’s establishment media has largely abdicated its duty to report on the crisis, refusing to acknowledge an event that is having a greater impact than almost any other in the world today. One can only assume that the reason for this is partisan bias: after all, the crisis can easily be traced to an identifiable moment in time—Inauguration Day 2021.

Prior to that day, the Trump administration had brought the southern border largely under control using four key policies.

Diplomatic Big Sticks: The U.S. gained Mexico’s cooperation by threatening ruinous trade tariffs of up to 28 percent on Mexican goods. We gained the cooperation of Central American nations by threatening to freeze U.S. foreign aid. The cooperation of these countries consisted of two things: accepting deported illegals from the U.S. and using their military and police to block incoming immigrants at their own borders. Remain in Mexico: Border Patrol was required to return apprehended immigrants immediately to Mexico, where they had to wait out the long duration of asylum processing, rather than releasing them to disappear inside the U.S. Safe Third Country: Immigrants who had passed through designated “safe third countries” (including Guatemala, Honduras, and Mexico) on their way to the U.S. without applying for asylum in one of those countries were automatically deported with no chance to claim asylum in the U.S. Title 42: This pandemic-control health order required rapid deportations to Mexico, without the option to claim asylum, of all immigrants caught illegally crossing the U.S. border.

During the 2020 campaign, candidate Biden promised to undo Trump policies within the first 100 days, to include ending detention and deportation of illegal immigrants. On January 20, 2021, he began to follow through. Four new U.S. policies and a new Mexican law are the chief drivers of the immigration tsunami we see today.

The tariff threat against Mexico was withdrawn and full foreign aid to all Central American nations was restored, freeing these countries to end cooperation with U.S. efforts to stem illegal immigration. This marked the end of the Remain in Mexico policy. The Title 42 pandemic rapid expulsion policy was waived for most families with children under ten, for all unaccompanied minors, for pregnant women, and for many single adults from nations that would not accept deportees. Two days after the 2020 election, the Mexican government passed a law prohibiting the detention of families, pregnant women, and unaccompanied minors. It then released thousands of families from 58 Mexican detention centers ten days before President Biden took office. The Biden administration established an ad hoc Border Patrol turnstile honor system by which Title 42-exempted families and others were released into the U.S. with a promise to report back later; this catch-and-release approach came eventually to incorporate the aforementioned conveyor-belt policy, with Border Patrol delivering illegals to non-governmental organizations that would arrange bus and air travel to cities around the U.S. To give the false impression of fewer illegal crossings, the Biden administration created an ad hoc system that allowed hundreds of thousands of illegal immigrants to use a cell phone app called CBP One to schedule “pre-approved” entries at border crossings and U.S. airports.

Those who seek to come to the U.S. illegally are rational actors. They are more willing to pull up stakes and come when they think the effort and expense will pay off. The typical cost for the dangerous journey is $10,000 per person paid to smugglers. Few will take the gamble when the odds are against them. It’s a different matter when the odds move dramatically in favor of success as they did in January 2021.

Toward the end of the Trump administration, Border Patrol used Title 42 to deport nearly 90 percent of apprehended illegals. The Biden administration immediately reduced that number to 60. By 2023, Title 42 deportations were down to 35 percent. And on May 12, 2023, the Biden administration formally ended Title 42, and with it all instant expulsions. U.S. intelligence had predicted that ending Title 42 would lead to between 14,000 and 18,000 crossings a day, and that prediction turned out to be right. As I recently reported, it appears that the Biden administration recently took steps to reduce these numbers—most likely in response to public outrage in an election year—though it remains to be seen how long this will last.

It is too early to gauge the full impact of the ongoing settlement of millions of illegal foreign nationals in the U.S. We know that the initial financial cost is high—$400 billion, by one estimate, to feed, house, clothe, and resettle the illegals who have been allowed to stay. Then there is the burden placed on public school districts that have no choice but to take in millions of new children who often speak no English and whose educations are not commensurate with those of their schoolmates. It is probably not coincidental that hospital systems across the nation have fallen deep into the red since the great mass migration crisis began. And large cities across the nation are looking to Washington for help with unfunded and unexpected fiscal burdens reaching into the tens of billions to care for the hundreds of thousands showing up with hands out.

Expense, of course, is only one part of the equation in terms of impact. Public safety, criminal justice, and national security systems face unprecedented new burdens as the personal histories and criminal backgrounds of most of the millions allowed easy entry are unknown and, often, unknowable. Some percentage will commit crimes and—in addition to the often horrendous effects on the victims of their crimes—increase the load on our already over-burdened courts and prisons. One prays not, but some may also commit acts of terrorism. Last but not least, this great influx will increase joblessness and put immense downward pressure on wages for American workers.

It is not rocket science to figure out how to solve the immigration crisis. Nor is it hard to tell whether a politician is serious when he proposes a solution—one can simply ask whether the proposal will increase or decrease the odds that an aspiring illegal immigrant will decide to make the significant effort and financial sacrifice. For instance, in the ongoing standoff in Texas, placing razor wire at the border as the Texas Governor ordered done will clearly decrease the odds, and removing the razor wire as the Biden administration seeks to do will increase the odds. Similarly, any politician who proposes a solution that begins by granting amnesty to illegals currently in the U.S. is increasing the odds and not serious.

There are two essential steps we must take to begin to solve the border crisis:

Enforce current immigration law, specifically the requirements under the Immigration and Nationality Act to detain and deport illegal entrants. Restore the threat of trade tariffs on Mexican goods to ensure Mexico’s cooperation with reinstituting the Remain in Mexico policy, forcing asylum seekers to stay in Mexico while their asylum claims are processed.

Three additional steps will help to solve the problem:

Withdraw from the United Nations Convention Relating to the Status of Refugees treaty, which requires the U.S. to meet outdated standards for handling asylum claimants; then institute an asylum law that ends the current catch-and-release system and requires that an asylum claim first be made in a suitable departure or transit country, such as Mexico. Put diplomatic and financial pressure on Colombia, Panama, Costa Rica, and Mexico to implement their own policies of detention and deportation of foreign nationals who are in those countries illegally. Close loopholes in U.S. immigration law such as the Flores Settlement Agreement—which circumvents Immigration and Nationality Act requirements for detention and deportation during asylum claims and forces the release of asylum-seeking families within 21 days—and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, which requires the quick release of immigrant minors if they are from anywhere but Mexico.

Our politicians know these actions are the ones needed. The problem is not a lack of knowledge but a lack of political will. Too many of our elected leaders have selfish reasons to let the border crisis continue, no matter what their constituents demand. Whether they will be able to continue in their inaction is in the hands of the American people.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: bidenadm; crisis; hillsdale; illegalsinvasion; immigration; toddbensman
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1 posted on 02/07/2024 5:17:50 PM PST by Twotone
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To: Twotone

We already know it’s really bad and why they’re allowing it. Where are the articles explaining how we stop it?


2 posted on 02/07/2024 5:22:03 PM PST by JZelle
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To: Twotone
The current immigration crisis is the equivalent of the Big Lie.

It's just so huge and destructive that the American public can't get their arms around just how bad the problem is and all of the bad things that are happening because of it.

It is literally big enough and bad enough to bring the entire country down

3 posted on 02/07/2024 5:24:47 PM PST by rdcbn1
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To: Twotone
Beyond Imagining

It wasn't beyond imagining. They imagined it and did it. What they didn't imgagine was the political blowback from the citizens. They imagined creating a national crisis and adding to their voting stock, not depleting their voting stock by creating a national crisis driving everyone to the other side. Sometimes you don't get what you want but what you deserve.

4 posted on 02/07/2024 5:26:41 PM PST by AndyJackson
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To: GOPJ; poconopundit; Jane Long; Diana in Wisconsin; Grampa Dave; Godzilla; Vaduz; null and void; ...

p


5 posted on 02/07/2024 5:29:06 PM PST by Liz (Matthew 11.28-30: Come to me, all you who are weary and heavy laden, and I will give you strength.)
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To: Twotone
If the next president was serious about deporting illegals, as many as 60 million, it will take a combination of incentives like E-Verify to remove the jobs, rescinding work permits, cutting financial assistance, and maybe offering money to deport with. Then those still remaining, hunt them down. Over 40,000 PER DAY to get ride of them in four years.
6 posted on 02/07/2024 5:34:39 PM PST by Reno89519 (Biden, Democrats, and Some Republicans may have surrendered, but I have not. Defend America!)
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To: JZelle

“Where are the articles explaining how we stop it?”

With a sheet of paper with ink on it:

Article 44 - Denunciation [getting out from under the Refugee Convention]
1. Any Contracting State may denounce this Convention at any time by a notification addressed to the Secretary-General of the United Nations.
2. Such denunciation shall take effect for the Contracting State concerned one year from the date upon which it is received by the Secretary-General of the United Nations....

https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-relating-status-refugees

NOTE: I do not trust any politician who has not called for invoking Article 44 to get the US out from under the Refugee Convention.

And my distrust extends to Trump and DeSantis.

The Refugee Convention must be removed from the Democratic Party toolbox by invoking Article 44.

I’ve probably posted that over 100 times here over the years.


7 posted on 02/07/2024 5:41:03 PM PST by Brian Griffin
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To: Twotone
An Immigration Crisis Beyond Imagining

Well, someone imagined it, and implemented the plan.

8 posted on 02/07/2024 5:42:10 PM PST by DoughtyOne (I pledge allegiance to the flag of the USofA & to the Constitutional REPUBLIC for which it stands.)
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To: Twotone

“Building a wall is a red herring”

“The fundamental problem is that anyone can claim asylum with zero proof, which means all of Earth can come to America.”

Elon Musk


9 posted on 02/07/2024 5:42:53 PM PST by Brian Griffin
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To: rdcbn1

“It is literally big enough and bad enough to bring the entire country down”

We have all but crumbled as a country and society anyway and add to that $40,000,000,000,000 in debt by the end of the decade and all the illegals that are being dumped on us just speed up the process. It would appear that the Cold Civil War II has already started by years.


10 posted on 02/07/2024 5:45:40 PM PST by quantim (Victory is not relative, it is absolute. )
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To: rdcbn1

so, it’s not quite enough to make those allowing it (from president’s admin to governors of every state and everyone else enabling) happy?


11 posted on 02/07/2024 5:46:41 PM PST by b4me
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To: Twotone

In early November, France’s national assembly passed an immigration law proposed by its president, Emmanuel Macron. The law is meant to address the main problem with immigration enforcement in Europe—the category of migrants who in France are called OQTFs. To explain: Angry voters have compelled governments across Europe to tighten laws on labor migration. But governments supposedly cannot tighten laws on political asylum, because those are regulated by the 1951 United Nations Convention on Refugees. This means that virtually every economic migrant picked up in a smuggler boat off the Italian coast (or in one of the rescue boats sent by progressive foundations to ply the waters nearby) claims to be a victim of political persecution seeking asylum. This gives newcomers the right to a lengthy sojourn in Europe while awaiting an asylum hearing. Nowadays most such claims are rejected, but it is expensive and bureaucratically difficult to ship the applicants back to where they came from. The denied applicant is simply dismissed with a written notice that he is required to leave French territory (obligé de quitter le territoire français, or OQTF). He almost never does. Macron’s bill would, among other things, end this charade by restoring the criminal offense of illegally staying in the country, a measure that 82% of French citizens back.

The Macron bill is not particularly robust. It contains a giant loophole inserted at the behest of corporations—permitting the hiring of undocumented migrants for “occupations under pressure.” This may wind up undoing everything the bill achieves, much as the anti-discrimination provisions in the U.S. immigration reform of 1986 ended up promoting rather than controlling migration.

Today Denmark, where financial support for asylum seekers is negligible and where it takes an average of 19 years for a migrant to become a citizen, gets about 2,000 asylum applications in an average year. Germany is expected to get 400,000 by the end of 2023. Denmark is the country on which virtually all European governments have announced they wish to pattern their policies.

https://claremontreviewofbooks.com/germany-growing-desperate/


12 posted on 02/07/2024 5:47:09 PM PST by Brian Griffin
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To: Brian Griffin

An excellent reason to end the UN. The UN was supposed to be a place to “discuss” problems between nations so that they would not go to war. The UN is definitely not that!


13 posted on 02/07/2024 5:51:09 PM PST by Twotone (We have to stop punishing ourselves for considering things that once seemed crazy. - B. Weinstein)
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To: rdcbn1

Yet it can be controlled and contained and reversed. All we need is the right people in power with the will to do so. And it can be done humanely as well.


14 posted on 02/07/2024 5:52:21 PM PST by firebrand
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To: Twotone

It may be possible to control the flow faster with state sales taxes based on motor vehicle content that came from countries adjudicated by a federal court in the past 365 days to be unsafe to place asylum applicants in - sort of like Mexico.

GM, Ford and Stellantis will get the message.

The Mexican government will get the message.

Mexico will soon effectively bar migrant transport.

The tax rate will get cut.


15 posted on 02/07/2024 5:58:39 PM PST by Brian Griffin
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To: Twotone

Government can also put the squeeze on homebuilders, who provide, indirectly or directly, most of the attractive invader employment, with:
1. new home size limitations (up 1600 sq. ft. generally, with up to 2400 sq. ft. on lots of at least two acres)
2. mandatory home buyer education so home buyers don’t overpay or make absurdly large purchase offers

When the remittances drop, so will the invader influx.


16 posted on 02/07/2024 6:08:02 PM PST by Brian Griffin
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To: Twotone

India has a blocked currency.

The US can block electronic money flow to Mexico and other countries.

If Jose wants to send money home, he can carry it there personally.


17 posted on 02/07/2024 6:11:03 PM PST by Brian Griffin
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To: Twotone

Asylum applicants can be asked to repay their NYC and Massachusetts hotel costs + 18% interest + collection costs.


18 posted on 02/07/2024 6:13:15 PM PST by Brian Griffin
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To: Brian Griffin

asked -> required by contract


19 posted on 02/07/2024 6:16:36 PM PST by Brian Griffin
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To: Twotone

“ then institute an asylum law that ends the current catch-and-release system”

Catch and release is already illegal.


20 posted on 02/07/2024 6:19:18 PM PST by Jim Noble (Assez de mensonges et de phrases)
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