乔·拜登总统在其执政的第一年致力于改革美国移民政策,面临持续的挑战。
过去12个月的一些努力成功扭转了特朗普时代的强硬措施,而其他承诺却停滞不前,招致移民倡导者的严厉批评。
尽管遭遇挫折,但拜登在数量上比特朗普对联邦移民政策做出了更多的改变,美国实施移民法的方式发生了许多逆转。
根据无党派移民政策研究所的分析师数据,拜登在上任第一年发布了296项行政命令,相比之下,特朗普第一年发布了86项,四年任期发布了472项。
也许拜登总统任期对移民政策最大的影响可以从内部移民执法的新方法或移民和海关执法局实施逮捕的方式中看出。
去年9月,移民和海关执法局领导层开始实施执法指导方针,再次将暴力犯罪分子列为驱逐出境的重中之重。
“这是我们对待执法方式的一个巨大变化,”MPI高级研究员穆扎法·奇什蒂在本周的一次政策会议上说。
虽然前任政府公开证明执法镇压是必要的威慑手段,但拜登的安全官员已经结束了长期的家庭拘留,并停止了工作场所的突袭。
倡导者谴责继续使用私人移民拘留设施,许多人呼吁完全结束民事移民拘留。
“在美国,每个人都应该得到尊严和尊重,”拘留观察网执行主任丝滑·沙阿周五说。"洲际交易所的强制执行和拘留是不人道的,在道德和经济上代价高昂,而且完全没有必要."
尽管如此,根据MPI的数据,与特朗普总统任期的最后一年相比,ICE的逮捕人数减少了一半,被拘留的移民人数是1999年以来的最低水平。
但在边境,这是政府如何处理新一轮未经授权的移民潮,政府面临着来自广泛政治视角的巨大挑战和批评。
左倾的倡导团体指出,继续使用被称为“第42条”的快速驱逐协议,限制了未经授权的移民获得美国法律资源。美国政府一直在进行法律战,以维护这项政策,就在本周,美国政府继续了最初由特朗普官员提出的论点,即这些协议严格来说是遏制全球疫情所必需的公共卫生措施。
即将离任的白宫负责移民事务的副主任埃丝特·奥拉瓦里亚(Esther Olavarria)本周表示:“对我们所有人来说,这都是令人沮丧的,对我个人来说,我希望我们有更多的东西,我们有更多的东西,远远超过我们需要做的和可能做的事情,而且这方面的建设也在进行中。”。
从右翼来看,拜登今年面临强烈反对,反对他试图扭转特朗普时代的做法,包括“留在墨西哥”政策,该政策迫使数万名寻求庇护者在墨西哥等待美国移民法院的听证会。在得克萨斯州和密苏里州发起反对废除“留在墨西哥”的诉讼后,拜登政府被迫恢复这一做法,同时继续上诉。
威斯康辛州共和党参议员罗恩·约翰逊(Ron Johnson)在周四的新闻发布会上说:“他彻底摧毁了上届政府的成功政策。
根据美国海关和边境保护局的数据,这一年未经授权的越境企图达到了历史最高水平,7月份达到了213 000次。超过四分之一与移民当局的接触涉及惯犯。
共和党人表示,针对该国无合法证件移民的执法措施的放松,向潜在移民发出了信号,即试图非法申请庇护可能会成功。
加强移民法律程序的必要性是拜登移民议程的另一个挑战。对于避开“第42条”快速驱逐程序并被引向典型的“第8条”路线的移民,案件被提交给行政法官,可能需要数月或数年才能解决。据锡拉丘兹大学的研究人员称,过去一年,移民法院的积压案件首次超过150万起。
对于那些正在获得绿卡(也称为合法永久居留权)的人来说,政府做出了重大改变,推翻了特朗普政府的“公共收费”规则,该规则对移民申请人提出了新的收入和教育要求。
拜登还寻求增加难民入境人数,并保护DACA——奥巴马时代的政策,即保护那些在儿童时期被非法带入美国的人不被驱逐出境。在一名联邦法官下令停止所有新的申请后,政府被迫起草了一项新的规则来实施该计划。
在立法方面,拜登承诺为大约1050万未经授权的移民提供获得公民身份的途径,但这一承诺在参议院遭遇了重大阻力。去年,参议院议员多次试图将该提案的某些版本纳入“重建得更好”的支出计划,但都被否决了。本周,拜登表示,无论如何,重建更美好法案的议程项目可能需要分开,以获得足够的支持。
在政治上,过去一年,对拜登移民政策的看法拖累了他的整体支持率。盖洛普测验投票去年11月发布的调查发现,只有31%的美国人赞成他处理移民问题。
Biden's 1st-year record on immigration: tough challenges, harsh criticism
President Joe Biden has faced persistent challenges as his administration worked to reform U.S. immigration policy during his first year in office.
Some efforts over the past 12 months have succeeded in reversing hardline measures from the Trump era while other promises have stalled, generating harsh criticism from immigrant advocates.
Despite setbacks, Biden in sheer numbers has made more changes than Trump to federal immigrationpolicy with many reversals to the way the U.S. enforces immigration law.
Biden issued 296 executive actions during his first year compared to 86 in Trump’s first year and 472 over his four-year term, according to analysts from the non-partisan Migration Policy Institute.
Perhaps the most sweeping impact of the Biden presidency in immigration policy can be seen in the new approaches to interior immigration enforcement or the way Immigration and Customs Enforcement makes arrests.
Last September, ICE leadership moved to implement enforcement guidelines that once again made violent criminal offenders a top priority for deportation.
"This is a huge change in the way we approach enforcement writ large," MPI Senior Fellow Muzaffar Chishti said during a policy conference this week.
While the prior administration openly justified an enforcement crackdown as a necessary means of deterrence, Biden's security officials have ended long-term family detention and discontinued workplace raids.
Advocates decry the continued use of private ICE facilities and many have called for the end of civil immigration detention altogether.
"In the United States everyone deserves to be treated with dignity and respect," Detention Watch Network Executive Director Silky Shah said Friday. "ICE enforcement and detention is inhumane, morally and financially costly, and completely unnecessary."
Nonetheless, ICE arrests have been cut in half compared to the final year of the Trump presidency and the detained immigrant population is the lowest since 1999, according to MPI.
But at the border, it's how the administration has handled new waves of unauthorized migration where the administration has faced immense challenges and criticism from a wide range of political perspectives.
Left-leaning advocacy groups point to the continued use of the rapid deportation protocols known as "Title 42," which limits access to U.S. legal resources for unauthorized immigrants. The administration has engaged in legal battles to preserve the policy and, as recently as this week, continued the argument originally from Trump officials that the protocols are strictly a public health measure necessary to curb the global pandemic.
"It has been frustrating to all of us inside and personally to me I wish we there was more that we we -- there's more that -- much more than we need to be doing and could be doing and -- building blocks for that are also underway," outgoing White House Deputy Director for Immigration Esther Olavarria said this week.
From the right, Biden faced strong opposition this year to his attempts at rolling back Trump-era practices including the "Remain in Mexico" policy which forced tens of thousands of asylum seekers to wait for their U.S. immigration court hearings in Mexico. After the states of Texas and Missouri launched a lawsuit against the repeal of "Remain in Mexico," the Biden administration was forced to reinstate the practice while it continues an appeal.
"He completely dismantled the successful policies of the previous administration," Republican Sen. Ron Johnson, R-Wis., said at a press conference Thursday.
The year was marked with a historic level of unauthorized border crossing attempts which hit a peak of 213,000 in the month of July, according to U.S. Customs and Border Protection. More than a quarter of those encounters with immigration authorities involved repeat offenders.
The easing of enforcement measures against immigrants in the country without legal documentation, Republicans say, has signaled to prospective migrants that attempting an illegitimate asylum claim might succeed.
The need to strengthen the immigration legal process is another spoke in the wheel of challenges for Biden's immigration agenda. For migrants who avoid the "Title 42" rapid expulsion process and are directed to the typical "Title 8" route, cases are brought before an administrative judge and can take months or years to resolve. This past year, the immigration court case backlog surpassed 1.5 million for the first time, according to researchers at Syracuse University.
For those on the pathway to obtaining a green card, also known as legal permanent residency, the administration made a significant change with with reversal of the Trump administration "public charge" rule, which imposed new income and education requirements on immigrant applicants.
Biden has also sought to boost refugee admissions as well as preserve DACA -- the Obama-era policy that shields from deportation those brought to the country illegally as children. The administration was forced to draft a new rule implementing the program after a federal judge ordered all new applications halted.
On the legislative front, Biden's promise to provide a pathway to citizenship for about 10.5 million unauthorized immigrants has faced major headwinds in the Senate. Multiple attempts to get some version of the proposal included in the "Build Back Better" spending package were shot down by the Senate parliamentarian last year. And this week, Biden said the agenda items in the Build Back Better Act may need to be split up anyway to get enough support.
Politically, views of Biden's approach to immigration have dragged down his overall approval ratings over the past year. A Galluppollreleased last November found just 31 percent of Americans approve of his handling of immigration issues.