Until now, many have denied that any crisis existed at all. They have, in fact, denied that the highest levels of mass immigration since the Bush years are an issue at all. As Byron York has noted, Speaker Pelosi called the arrival of close to a million asylum seekers “a fake crisis”; Senate Minority Leader Chuck Schumer said that hundreds of thousands of men, women, and many children, overwhelming any attempt to process them with the current resources, was “a crisis that does not exist.”
This included many Never-Trumpers, like Bill Kristol (“a fake crisis”), and Max Boot (“a faux crisis”). The editors of the Washington Post denied the facts reported by their own Nick Miroff, claiming it was “a make-believe crisis.”
None of these people will admit they were gravely mistaken, or that their denial and delay in acting clearly exacerbated the situation. But now that we’re on the same page, the question is: Where do we go with this now?
Yesterday was a sign of real bipartisan progress. The House passed a Senate bill to spend $4.6 billion to relieve the humanitarian crisis and tackle some of the structural inadequacies of the current failed system. The left wing of the Democratic caucus wanted to insist on various restrictions on the use of the $4.6 billion, primarily to ensure that none of it is earmarked (God forbid) for enforcement of the law. The problem with waging a longer fight would be that Congress would break for its July 4 recess having done nothing to help.
Democrats are finally beginning to announce policy plans that offer some solid ideas. Such as a new bill for an overhaul of the entire system called the Northern Triangle and Border Stabilization Act has been introduced in the House.
It proposes increased U.S. aid to Central American countries, to tackle the problem at its roots; a big investment in border facilities to ensure far more humane treatment of asylum seekers; a much stricter monitoring system to keep track of them after processing to make sure they turn up for their court hearings; many more immigration judges to reduce the massive backlog of cases; and it allows for asylum claims to be made in home countries, rather than at the border.
These are all good ideas and certainly worth trying. But what they don’t address is the larger problem of how to reduce levels of mass immigration. The Democrats want to raise the cap on refugees from Central America to 100,000 a year and propose no tightening of asylum law.
But it’s the asylum law that needs to change. Since 2014, there has been a 240% percent increase in asylum cases. As Fareed Zakaria has pointed out, the number of asylum cases from Honduras, Guatemala, and Venezuela has soared at the same time as the crime rate in those countries was being cut in half. The asylum system is clearly being abused, and the left basically poured fuel right onto the fire.
Take the tragic tale of Oscar Ramirez and his young daughter Valeria, the father and daughter captured in death in that heartbreaking photograph. Ramirez’s widow explained to the Washington Post why her husband wanted to move to America: He wanted “a better future for their girl.” This is an admirable goal, but it is classic economic immigration, and it would appear, based on what we know, that it has absolutely nothing to do with asylum.
Here again is the United States Citizenship and Immigration Services definition: “Refugee status or asylum may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion.”
But somehow the leftist courts have wrongfully decided to misrepresent the law that that qualify for asylum if there is simply widespread crime or violence where they live. Ramirez was also going to use that argument as well. A government need not persecute you; you just have to experience an unsafe environment in your country somewhere and they are allowed in. This so expands the idea of asylum, in my view, as to render it meaningless anymore.
Courts have also expanded asylum to include domestic violence, determining that women in abusive relationships are a “particular social group” and thereby qualify. In other words, every woman on the planet who has experienced domestic abuse can now come to America and claim asylum. Also everyone on the planet who doesn’t live in a stable, orderly, low-crime society. Literally billions of human beings now have the right to asylum in America.
Last month alone, 144,000 people were detained at the border making an asylum claim. This year, about a million Central Americans will have relocated to the U.S. on those grounds. To add to this, a big majority of the candidates in the Democratic debates also want to remove the grounds for detention at all, by repealing the 1929 law that made illegal entry a criminal offense and turning it into a civil one. And almost all of them said that if illegal immigrants do not commit a crime once they’re in the U.S., they should be allowed to become citizens.
How, I ask, is that not practically open borders? The answer I usually get is that all these millions will have to, at some point, go to court hearings and have their asylum cases adjudicated. The trouble with that argument is that only 44 percent actually turn up for their hearings; and those who do show up and whose claims nonetheless fail can simply walk out of the court and know they probably won’t be deported in the foreseeable future.
Immigration and Customs Enforcement forcibly removed 256,086 people in 2018, 57 percent of whom had committed crimes since they arrived in the U.S. So that’s an annual removal rate of 2 percent of the total undocumented population of around 12 million. That means that for 98 percent of undocumented aliens, in any given year, no consequences will follow for crossing the border without papers, the law has become the laughing stock and migrants now think migration is their right.
At the debates this week, many Democratic candidates argued that the 43 percent of deportees who had no criminal record in America should not have been expelled at all and been put instead on a path to citizenship. So that would reduce the annual removal rate of illegal immigrants to a little more than 1 percent per year. In terms of enforcement of the immigration laws, this is a joke. It renders the distinction between a citizen and a noncitizen close to meaningless.
None of this reality was allowed to intervene in the Democratic debates this week. At one point, one moderator tellingly spoke about Obama’s record of deporting ” 3 million Americans.” In that bubble, there were no negatives to mass immigration at all, and no concern for existing American citizens’ interests in not having their wages suppressed through this competition.
There was no concession that child separation and “metering” at the border to slow the crush were both innovated by Obama, trying to manage an overwhelmed system that the liberals created.
Democratic candidates vied with each other to speak in Spanish, while the average American citizen has no clue to what they were saying. Every single Democrat proposed amnesty for all those currently undocumented in the U.S., except for criminals. Every single one opposes a wall.
There was unanimous support for providing undocumented immigrants immediately with free health care. There was no admission that Congress needed to tighten asylum law. There was no concern that the Flores decision had massively incentivized bringing children to game the system, leaving so many vulnerable to untold horrors on a journey no child should ever be forced to make.
What emerged was their core message to the world: Get here without papers and you’ll receive everything free while you’re processed, you’ll never be detained, you’ll get work permits immediately, and you’ll have access to publicly funded health care and a path to citizenship if you don’t commit a crime.
This amounts to an open invitation to anyone on the planet to just show up and cross the border. The worst that can happen is you get denied asylum by a judge, in which case you can just disappear and there’s a 1 percent chance that you’ll be caught in a given year. Who wouldn’t take those odds?
This is in a new century when the U.S. is trying to absorb the largest wave of new immigrants in our entire history, and when the percentage of the population that is foreign-born is also near a historic peak. It is also a time when mass immigration from the developing world has destabilized liberal democracies across the West, is bringing illiberal, anti-immigration regimes to power across Europe, and was the single biggest reason why Donald Trump is president.
I’m told that, as a legal immigrant, I’m shutting the door behind me now that I’ve finally made it to citizenship. I’m not. I favor solid continuing legal immigration, but also a reduction in numbers and a new focus on skills in an economy where unskilled labor is increasingly a path to nowhere. It is not strange that legal immigrants — who have often spent years and thousands of dollars to play by the rules — might be opposed to others’ jumping the line. It is not strange that a hefty proportion of Latino legal immigrants oppose illegal immigration — they are often the most directly affected by new, illegal competition, which drives down their wages.
I’m told that I’m a white supremacist for believing in borders, nation-states, and a reduction in legal immigration to slow the pace of this country’s demographic revolution. But I support this because I want a more successful integration and Americanization of immigrants, a better future for skilled immigrants, and I want to weaken the populist and indeed racist movements that have taken the West by storm in the past few years. It’s because I loathe white supremacy that I favor moderation in this area.
When I’m told only white racists favor restrictionism, I note how the Mexican people are more opposed to illegal immigration than Americans: In a new poll, 61.5 percent of Mexicans oppose the entry of undocumented migrants, period; 44 percent believe that Mexico should remove any undocumented alien immediately. Are Mexicans now white supremacists too?
That hostility to illegal immigration may even explain why Trump’s threat to put tariffs on Mexico if it didn’t crack down may well have worked. Since Trump’s bluster, the numbers have measurably declined — and the crackdown is popular in Mexico. I can also note that most countries outside Western Europe have strict immigration control and feel no need to apologize for it. Are the Japanese and Chinese “white supremacists”? Please. Do they want to sustain their own culture and national identity? Sure. Is that now the equivalent of the KKK?
The Democrats’ good ideas need to be put in contact with this bigger question if they are to win wider support. In the U.S. in the 21st century, should anyone who enters without papers and doesn’t commit a crime be given a path to citizenship? Should all adversely affected by climate change be offered a path to citizenship if they make it to the border? Should every human living in violent, crime-ridden neighborhoods or countries be granted asylum in America? Is there any limiting principle at all?
I suspect that the Democrats’ new position — everyone in the world can become an American if they walk over the border and never commit a crime — is political suicide. I think the courts’ expansion of the meaning of asylum would strike most Americans as excessively broad. I think many Americans will have watched these debates on immigration and concluded that the Democrats want more immigration, not less, that they support an effective amnesty of 12 million undocumented aliens as part of loosening border enforcement and weakening criteria for citizenship. And the viewers will have realized that their simple beliefs that borders should be enforced and that immigration needs to slow down a bit are viewed by Democrats as unthinkable bigotry.
Advantage Trump.
