When it comes to immigration policy, Biden is increasingly Trump-like

In The Guardian, I argue that when it comes to immigration policy–especially on the US’s southern border–what we really need is a change in imagination.

Who exactly does Joe Biden think he is, Donald Trump? The question probably sounds ludicrous on its face. Trump is a known bully. But folksy Uncle Joe – with his big, toothpaste smile – is supposed to care about the little guy and do the right thing. On immigration, for example, candidate Joe took a stand in 2019 in direct opposition to his opponent, whom he accused of waging “an unrelenting assault on our values and our history as a nation of immigrants”. That same year, Biden also said that if people are coming to the country “because they’re actually seeking asylum, they should have a chance to make their case”.

So why is Biden now laying down yet another set of rules to the asylum system on the nation’s southern border that looks ominously like Trump’s?

Expanding on rules announced in January that controlled how people from Cuba, Haiti, Nicaragua and Venezuela could apply for entry to the United States, the Biden administration is now proposing a new set of policies that would make all people ineligible to claim asylum at the nation’s southern border unless they follow a strict set of guidelines.

For one thing, those seeking asylum must now use a smartphone app called CBP One to schedule an appointment to enter the US at an official border crossing. And asylum seekers must prove that they have sought asylum in another country before arriving at the US border. This is often called a “transit ban” and the same strategy was adopted by Trump. It led to widespread human rights abuses in countries such as Guatemala and El Salvador and was ultimately struck down by the courts on procedural grounds.

Here’s the thing, US law clearly states that “an alien physically present in the United States or at a land border or port of entry, irrespective of such alien’s status, [can] apply for asylum”. In other words, you can apply for asylum even after crossing into the United States without authorization. You don’t have to cross only at a designated port of entry. You don’t have to prove that you’ve applied elsewhere first. And you don’t have to make a reservation to save your life like you’re making a reservation for dinner.

Speaking of the smartphone app, CBP One – which has been in operation since mid-January – is also riddled with problems, according to immigration advocates. Several reports indicate that the app’s facial recognition software has a hard time registering people with darker skin. (The administration rejects the claim, saying that 40% of people using the app last week for a public health exemption were Haitians.) In one case, the app rejected identical twins, believing they are the same person.

Needless to say, not everyone has a smartphone with internet access. And even if you do, reservations are scarce, especially for families. “The biggest headache is that there are too few spots, so people are trying every morning to enter the app,” an immigration attorney told the Washington Post. “It’s like trying to get tickets for a Taylor Swift concert, only it’s not a concert, and you’re trying to save your family’s life.”

Senator Ed Markey has called on Homeland Security to cease using the app. “This expanded use of the CBP One app raises troubling issues of inequitable access to – and impermissible limits on – asylum, and has been plagued by significant technical problems and privacy concerns,” he wrote.

Read the rest here.