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Biden administration officials hoped the summer heat would give them a respite from questions about the illegal immigration crisis the president created, and now publicly ignores. But the latest statistics from the U.S. Customs and Border Protection agency should remind them that, when you signal that the federal government is no longer interested in enforcing the law at our borders, an ensuing surge of illegal immigration is inevitable. The numbers showed that rather than going downas usually happens when the intense summer heat makes the already difficult passage from Mexico even more dangerousarrests at the border reached a 21-year high.

Yet despite the urgent nature of the crisis, the administration continues to do virtually nothing about it. It is constrained in large measure by the antipathy of the Democratic Party base toward enforcement of existing immigration laws, and the president's own clear intention to loosen efforts to stop illegal border crossings and deport those who are in the country illegally. Resuming work on a border wall associated with his predecessor is out of the question. So are efforts to reinforce the beleaguered Border Patrol or to unleash the Immigration and Customs Enforcement to do its job.

Indeed, the Biden administration has been quietly rooting for the courts to reinstate orders issued by former president Donald Trump that made it harder to exploit the asylum application process to get into the country.

While it talks about addressing root causes of the immigration problem, the White House knows that no possible amount of aid to Guatemala, Honduras or El Salvador will persuade the people of those impoverished countries that entering the United States isn't worth gambling their lives and the lives of their children. And since Biden and his party remain hellbent on slipping an immigration reform packagewhich includes a path to citizenship for illegal immigrants and gives short shrift to border securityinto their massive budget bill, messages urging migrants not to come aren't persuading many.

That leaves administration officials with a growing problem that they, as Democrats, have no politically acceptable means of addressing. Yet the White House seems to think there is no cost in letting the problem fester. It's easy enough to see whythe fiasco in Afghanistan has dominated news cycles in recent weeks, and although Republicans continue to sound the alarm about what is happening at the border, the mainstream press continues to either ignore or downplay a crisis that Democrats prefer to deny.

But Biden and his policy advisers would be foolish to think they can afford to neglect illegal immigration as an issue. That's not just because the surge is causing havoc and alienating voters in border states, including Hispanic citizens who fear crime and other social pathologies associated with illegal immigration just as much as anyone else. Rather, by allowing the population of illegal immigrants to grow even morethe popular 11 million figure is likely a drastic underestimateBiden's amnesty plans appear to be an attempt to create more voters for the Democrats.

The administration is right to think that, as a general rule, the public regards immigrants with sympathy. But it is wrong to ignore the collapsing rule of law at the border, as GOP rhetoric about Biden wanting "open borders" is starting to look more like an accurate assessment than a partisan talking point.

The fact that nearly 200,000 were apprehended at the border in Julyalong with what is likely to be an even more staggering figure of those who were not caughtmakes clear that the surge that began after the 2020 election is not only not subsiding but gaining momentum.

The implications of this problem aren't limited to concerns about the porous nature of the border or the growing population of illegal immigrants residing in the United States. It's also a humanitarian catastrophe, as resources available to federal authorities to deal with those in custody are barely adequate to the task while those waiting across the border in Mexico are living in utter squalor. Just as disturbing is the growing number of bodies found of those who perished in the course of unsuccessful attempts to evade border patrolmany succumbed to the elements or were simply left behind to die by exploitative coyotes who don't bother with those who fail to keep up.

The administration appears indifferent to the question of whether the tide of illegal immigration is contributing to the current spread of the coronavirus pandemic, which state and federal officials are struggling to contain. Liberals insist that, contrary to logic, the flow of a considerableand largely unvaccinatedpopulation hasn't worsened the impact of the disease. Meanwhile, President Biden is assuming new, constitutionally unfounded powers to mandate vaccinations for both public- and private-sector workers (with some significant, politically motivated possible exceptions like postal workers). But the fact he isn't ordering that those who are apprehended at the border be vaccinated suggests, once again, Democrats regard illegal immigrants as a group to whom all sorts of exemptions must be applied.

Biden set off this problem with his own ill-considered remarks about a "more humane" policy. His posturing provoked a post-Election Day surge of border crossings from those who concluded, not unreasonably, that his administration was flashing a welcome sign to anyone who hadn't gone through the process of gaining legal entry to the United States. But though the president has sought to backtrack from that promise, the amnesty proposals he unveiled in his first days of office, and his continuing efforts to implement them, haven't slowed the wave of illegal immigration.

As with so much else he has done in his first months in office, Biden is stubbornly proceeding as if there is no need to address the consequences of his own remarks and actions. Neither he nor White House spokeswoman Jen Psaki will call what is happening a crisis, but that doesn't mean it isn't one. For an administration that came into office promising both honesty and competence, the non-response to illegal immigration is revealing that Biden will provide neither.

Jonathan S. Tobin is editor in chief of JNS.org, a senior contributor to The Federalist and a columnist for the New York Post. Follow him on Twitter at: @jonathans_tobin.

The views expressed in this article are the writer's own.

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Biden Ignores the Border Crisis He Created At His Political Peril | Opinion - Newsweek

The 9/11 attacks precipitated the largest reorganization of federal agencies since the establishment of the Department of Defense in 1947. The Homeland Security Act of 2002 established a Department of Homeland Security, transferring 22 organizations into the new department. The U.S. Border Patrol was one of those organizations.

The act also created the worlds first unified border-security agency: U.S. Customs and Border Protection, of which the Border Patrol became an integral part. Much has changed for the Border Patrol since then, but its fundamental mission, to detect and prevent illegal entry and all threats into the United States, has not changed.

In 2001, the Border Patrol was under-resourced and had only 6,000 agents to protect 6,000 miles of land borders and 2,000 miles of coasts. In comparison, during the Cold War, the U.S. maintained a force of approximately 250,000 troops in West Germany to help protect 670 miles of land border.

The Border Patrol also lacked modern surveillance systems, the physical infrastructure to prevent border crossings in critical (e.g., urban) areas, and a national command structure. Despite these limitations, this thin green line apprehended more than one million people for illegal entry into the U.S. each year in the 10 years prior to the agency reorganization.

Today, the Border Patrol is a much more capable and professional organization. Approximately 18,000 agents protect our borders between ports of entry. Some 700 miles of sturdy anti-vehicle and pedestrian barriers and walls have been erected in highly trafficked areas of the U.S.-Mexico border.

Situational awareness and response capabilities along our land borders have increased significantly as a result of continued investment in multiple surveillance systems. And cooperation with Canadian and Mexican immigration and law enforcement agencies has significantly reduced the threat of persons-of-interest or potential terrorists from infiltrating across our land borders.

However, the Border Patrol and other federal agencies with immigration-control responsibilities still face significant challenges. Following construction of 650 miles of barriers along the U.S.-Mexico border during the Bush administration, the number of illegal border crossings dropped significantly, and Border Patrol apprehended fewer than 500,000 people per year.

As a result of significantly increased immigration-control measures at air, land, and seaports of entry, the U.S.-Mexico border is the principal vector for illegal entry into the United States. In July 2021, the Border Patrol apprehended 200,000 people, reflecting a fundamental shift in the drivers of migration flows and levels not seen in 20 years.

Conditions in countries that incentivize emigration, such as violence, poor governance and limited economic opportunities, cannot be changed unilaterally by the United States. However, factors that attract immigration to the United States, such as low risks of apprehension when entering the U.S., lack of consequences when apprehended, lax enforcement of immigration laws within the United States, family anchors, ineffective asylum policies and the ability to work without the requisite permit, can be controlled by the U.S. government.

As a nation, we need to decide if we want secure borders or if the status quo near-record rates of undocumented immigration across the U.S.Mexico border is acceptable. When Border Patrol agents are diverted from their border-security mission to provide humanitarian support (which can be provided by other agencies) to migrants, our borders become less secure and the threats to the nation increase. The risks of porous borders, which include trafficking of drugs (70,000 Americans died from opioid overdoses in 2020) and the potential entry of terrorists, are well known.

If our nation does not address the factors that push and pull migrants to the United States, our borders will be less secure. The requirement to deal with massive numbers of illegal entries will detract from the Border Patrols ability to protect our borders against drug smugglers and potential terrorists, and the introduction of dangerous weapons.

Looking at border security retrospectively over the past 20 years, I think it is clear we have more secure land borders. But we have not done what is required and possible namely establish policies that dissuade illegal immigration and invest in the federal agencies that ensure our borders are secure. Comprehensive investment in border security and consistent enforcement of all laws to address immigration drivers is a must.

David Aguilar is a principal with GSIS and a former commissioner of Customs and Border Protection and former national chief of the U.S. Border Patrol. This column was first published in HS Today.

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Failing to address immigration undermines the Border Patrols ability to address real threats - The Dallas Morning News

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After nearly two months in a Texas prison, Ignacio watched through a computer screen last week as a border county prosecutor announced he was dropping the criminal trespassing charge against him.

But that didnt mean the 28-year-old migrant from Venezuela was going to be freed.

Instead, the next few days became a whirlwind of confusion, fear and, ultimately, a trip back to detention as a hastily built Texas system to catch and jail migrants suspected of illegally crossing the border struggled to adapt to releasing people from state custody. Ignacios return to lockup is the most recent example of cracks that have surfaced in the states new immigrant detention system.

Nobody knows what to do, and every time somebody thinks they figure it out, something new happens, said David Ortiz, Ignacios court-appointed attorney in his trespassing case.

The Texas Tribune agreed to use a pseudonym for Ignacio because he and his brother told attorneys they fear publicity will harm his chances for being granted asylum. More than 20,000 Venezuelans have been apprehended by U.S. Border Patrol in Texas this year, with many claiming they are fleeing political persecution, violence or economic crisis.

Last week, after nearly two months and hundreds of trespassing jailings under the new border arrest initiative, Val Verde County Attorney David Martinez dismissed dozens of cases against migrants in the interest of justice. He later explained that he was following what the states top cop told legislators last month: Police on the border want to target dangerous criminals, not the many migrants who are fleeing hardships or seeking asylum.

Court documents show that over two days of virtual court hearings for more than 70 migrant arrestees, Martinez dropped 40 cases, including Ignacios.

[DPS Director Steve McCraw] said were not looking for people who are crossing the river and then looking for law enforcement officers to turn themselves in. We are looking for the ones who are getting away from us, Martinez, a Democrat, said after the hearings. I listened to that.

He said he began working with defense lawyers to see if the defendants had asylum claims or medical issues he should consider before deciding whether he should proceed with prosecution. Martinez said he is still filing criminal cases in most instances, however, to get to the step of making that determination.

With court dockets few and far between in single-judge counties, that meant most of the dozens of men whose cases were dismissed last week had already been in prison for weeks.

In August, Martinez dropped one trespassing case against an 18-year-old who had been separated from his father, and offered plea deals that came with 15-day sentences for about 25 others. Having already spent at least 15 days in a state prison, they were then picked up by U.S. Immigrations and Customs Enforcement officials.

Arrested in Del Rio in July, Ignacio was one of the first to be jailed at a retooled state prison under Gov. Greg Abbotts new initiative to lock up migrants on state criminal charges in response to a surge in illegal border crossings. Typically, people crossing the border illegally are apprehended and processed by U.S. Border Patrol, but Abbott has repeatedly blamed the increase in apprehensions on President Joe Biden and sought to ramp up state law enforcement at the border in response.

Ortiz said Ignacio and a group of other Venezuelans were seeking asylum and had been pointed toward private land on the Texas side of the Rio Grande by officials on a boat in the river.

They were arrested by the Texas Department of Public Safety on trespassing charges. Over the next several weeks, hundreds more migrants would be arrested in Val Verde and Kinney counties and detained in two Texas prisons converted into state immigration jails. Almost all of the migrants are jailed for allegedly trespassing on private property a misdemeanor offense.

DPS reported this month that, since March, state police have made thousands of immigration-related arrests and seized thousands of pounds of drugs and millions of dollars. In recent weeks, state police have in part shifted away from Val Verde County, however, and started making a larger number of trespassing arrests in rural Kinney County.

On Monday, Abbott reiterated that the policy in Texas is to arrest and to jail people who are coming across the border illegally and trespassing. In a statement Friday, DPS officials said the agency is continuing to make arrests at the border.

Ultimately, it is up to the discretion of the County and District Attorneys whether or not to dismiss a particular case, the statement read.

Still, the dropped charges and release from prison havent necessarily led to a fast release into the United States for the migrants after weeks or months in detention.

ICE didnt want to take custody of Ignacio or the others whose cases were dismissed because they had no criminal conviction, multiple officials said. And officials with U.S. Customs and Border Protection, which processes migrants apprehended at the border, didnt have an interest in Ignacio because he had already been in the state for nearly two months.

So Ignacio and a handful of other migrants released from the Briscoe prison after their cases were dismissed on Wednesday were taken back to the border town of Del Rio. Without any U.S. documentation aside from his prison release forms, Ignacio was dropped off with the others at a gas station bus stop, Ortiz said. Unsure what to do, he and a Honduran migrant started walking.

They were scared to get a ride or even just walk along the highway, said Maria Renteria, a law fellow at RAICES, an immigrant rights group. Renteria has been in touch with Ignacios brother, who lives in Dallas.

The next day, Ignacio and the other man were able to get in touch with Ortiz, who drove the men to Val Verde Border Humanitarian Coalition, a group that helps connect resources to asylum-seekers released by federal authorities. Ignacio had entered Texas seeking asylum and hoping to reunite with his brother, Ortiz said, but he never had a chance to have his asylum claim heard since he had been arrested immediately after crossing the river.

Believing the men had the proper paperwork, a volunteer tried to drive them to San Antonio on Thursday with a group of migrants who had upcoming asylum hearings, said Tiffany Burrow, operations director for the coalition. But they were stopped at a federal immigration checkpoint, and the two men were taken into custody.

Ignacio found himself back in detention, this time in a CBP processing center in Eagle Pass. Federal authorities told Renteria last week that Ignacio could be there for days or weeks before officials could process him and decide whether to deport him which is what they did with the Honduran man or release him into the U.S. on an asylum bond.

It was unclear what happened to the other roughly half dozen men who were dropped off at the bus stop after their cases were dropped.

[Ignacio is] lucky because his criminal attorney is great and was helpful, but for other people who didnt get so lucky in terms of representation, I dont know whats going to happen to them, Andani Alcantara Diaz, an attorney with RAICES, said Friday. Its very confusing. Im sure its confusing for CBP as well.

On Friday, after Ignacio was again detained, Val Verde County Sheriff Joe Frank Martinez said a new system had been put in place to process migrants released from the prison. Men whose cases had been dismissed in court Thursday would be transported from prison to the new state booking center in Del Rio before being turned over to CBP officials.

Those that can be deported back to their home county are going to be deported, and those that have a legal [asylum] claim will be given a notice to appear, and they will move wherever theyre going, the sheriff said.

On Monday, he reported that out of 17 men released under the new process, eight had been released pending asylum hearings. The rest were deported.

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After a Texas prosecutor dismissed dozens of migrant trespassing cases, some men were dropped at a border bus station - The Texas Tribune

The morning of the 9/11 attack I was the Assistant Director for Investigations (ADDI) of the Immigration and Naturalization Service (INS) in San Antonio, Texas. I was a long way from New York, but I felt like the rest of the nation that what happened was in our backyard and it was personal. As someone who oversaw a program that was responsible for finding and arresting those who were illegally in the United States, I also sensed a point of failure.

Given the fact that the past and still current terrorist threat to the United States comes primarily from foreign-born individuals, enforcing our immigration laws in a meaningful way can and should make a difference. Of course, no immigration system can be completely beyond manipulation or abuse, but it does not have to be. However, there must be at least an attempt to wisely enforce our immigration laws to secure the homeland and protect the people of this nation.

While 9/11 was the most destructive in American history, the attacks of last September were not the first carried out by foreign terrorists on U.S. soil. We can all agree that part of the problem was, and is, the mismanagement of temporary visas, such as those issued to students and tourists, because all of the 19 hijackers were originally allowed into the country on temporary visas. Others have argued that there is a problem with illegal immigration, because at least three of the hijackers four, if Zacarias Moussaoui is included had overstayed their visas and were illegal aliens at the time of the attacks.

Hijackers Mohammed Atta, right, and Abdulaziz Alomari pass through airport security Sept. 11, 2001, at Portland International Jetport in Maine in an image from airport surveillance tape released Sept. 19, 2001. (Portland Police Department)

Terrorists have used almost every means of entering the country; however, we must attempt to close any loopholes that exist that make it easier for a terrorist or terrorist sympathizer to gain access to the homeland.

The Department of Homeland Security and the Department of Justice have made great strides to close many of the vulnerable areas but the need to secure the homeland has also been politicized to the extent that larger vulnerabilities have been created. This is where I think many politicians have forgotten.

The creation of databases such as the No-Fly List, the Terrorist Identities Datamart Environment (TIDE), the Terrorist Screening Database (TSDB), etc., along with the various Joint Terrorism Task Forces and efforts like the Visa Security Program have all added some security and overwatch of those who want to do our homeland harm, but the politics of immigration enforcement has created vulnerabilities that make all those efforts less effective. If you are someone in this world who wants to come to the United States to do us harm and there exists any derogatory information on you or your affiliates, its more unlikely that you can get a plane ticket to enter the U.S. or a visa to enter.

We must attempt to close any loopholes that exist that make it easier for a terrorist or terrorist sympathizer to gain access to the homeland

The politicization of immigration enforcement at our borders has created a great vulnerability. The current Biden administration along with their open-border agenda has created a nightmare for those who spend their lives trying to secure the homeland. Again, those who want to do us harm will find it more difficult to get to the U.S. on a plane or with a visa, but they can easily enter the U.S. illegally through our southern border. So far this year, Border Patrol has arrested five individuals on the terror watchlist but what is more concerning is that there have been well over 300,000 got-a-ways. These are people who entered the U.S. illegally without arrest based on camera, drone, and sensor traffic. The Border Patrol says over 300,000 that they know of. The actual number is much higher.

If you are a terrorist, a gang member, a drug smuggler, you are going to take advantage of the current crisis and the fact that border agents are overwhelmed with this humanitarian crisis and cross undetected because at least 40 percent of border agents are not on the line because they are processing and caring for families and children. Yes, if you are a terrorist and want to get to the U.S. undetected you will cross the southern border like 20 million others did over the past decades. You will cross just as the 300,000 did and enter the U.S. and onward to your destination. For those that say there is no evidence of terrorists coming across the border, I say you are simply ignoring the data. For example, we know that over 100 Known or Suspected Terrorists (KST) have been encountered at the Darian Strait in Panama by officials working with Homeland Security Investigations. Most of them had a final destination of the U.S. Luckily, our enforcement relationship with Panama is good and many got deported from Panama. How many didnt get arrested in the Darian Strait? We may never know.

Add to the fact that our border is more vulnerable than it ever has been because of politics, the fact that ICE has been crippled from enforcing interior immigration laws. ICE can no longer prioritize the arrest of any illegal alien for simply being in the U.S. illegally to include those with a final order of removal issued by a federal judge. The current ICE priorities as dictated by the Biden administration speak of recent border entries, those of national security concerns, and those who have been convicted of a serious aggravated felony. The vast majority (90 percent) of those ICE arrested last year, even though more than 91 percent were convicted criminals or pending criminal charges, are no longer a priority under the current administration. Of special note, none of the 9/11 hijackers would meet the current priorities. Its now acceptable to be in the US illegally and overstay a visa because the current administration has halted enforcement actions against that population also.

And finally, add to those problems the fact that politicians have created sanctuary jurisdictions where local and state law enforcement are not allowed to work with ICE, we have created the perfect recipe for disaster. Again, politics that dictate these types of non-enforcement policies add to our national security vulnerabilities. The 9/11 Commission found that law enforcement should always work and share information with other law enforcement. These politicians forgot that also.

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State of Immigration: 9/11 Reminds Us to Never Forget Enforcement - Hstoday - HSToday

File photo: Detainees at Winn Correctional Center, in Winnfield, Louisiana. Some attorneys fear ICE detainees in Hudson County will be transferred out of state to far-away jurisdictions like Louisiana.

Hudson County will stop its long-standing practice of housing federal immigration detainees at its jail in Kearny, but what that means for the 45 people now held at the facility is unclear.

County Executive Thomas DeGise sent a letter to U.S. Immigration and Customs Enforcements district office in Newark Friday saying that starting Nov. 1 the jail will no longer house or accept any detained individuals who face civil immigration violations.

William ODea, a commissioner on the Hudson County Board of County Commissioners, who has opposed the agreement that pays the county to house the detainees, thanked DeGise for his letter. But ODea said he fears that the remaining detainees could be transferred to other facilities far from their attorneys, family and friends. That happened to some detainees who were held at the Essex County jail when that facility shut down its ICE operations in August.

Our work is not done yet though we need to focus on helping get the detainees released or expediting their hearing process to ensure that ICE does not try to vindictively transfer them far away, he said.

An ICE spokesperson declined to comment Monday on whether the agency will use its discretion to release or transfer detainees before the Nov. 1 deadline.

ICE can use these transfers to send people across the country where they will not have family or community support or access to counsel, said Pachnanda, who said her organization represents at least three people held in Hudson County. If people are transferred, they are going to be away from counsel and in jurisdictions like Louisiana, where they wont have the right to an attorney.

Although people facing criminal charges are entitled to a public defender if they cannot afford a private attorney, legal assistance isnt automatically provided in immigration court. New York City and the state of New Jersey have set aside funds to help pay for legal services for detainees facing civil immigration charges. Hudson and Essex counties also set aside funds to help ICE detainees with their legal immigration cases.

Hudson Countys move was called a win by immigrant advocates who have long lobbied for the county to stop profiting from immigration detention, which has kept men and women away from their families while they wait for their cases to be resolved. Some point to allegations of inhumane conditions at some of the facilities, which have been the site of hunger strikes by detainees in the past few years. Advocates have also raised concerns about potential transfers.

New Jersey jails have been no stranger to abuse, wrongful deaths and scandal, said Amy Torres, the executive director of the New Jersey Alliance for Immigrant Justice. But as sites close, we also cannot tolerate transfers to sites further away, especially after the retaliations ICE took with Essexs announcement earlier this summer. The attention now turns to our senators and congressional leaders to push ICE for releases so that people currently detained can fight their cases from home and in the care of community.

A request for comment from U.S. Sen. Bob Menendez and Sen. Cory Booker was not immediately answered on Monday. Both senators called for the end of agreements between New Jersey counties and ICE to house immigrant detainees in December.

New Jersey used to be home to four ICE detention centers before Essex County shut down its operations last month. Besides Hudson County, ICE also has an existing intergovernmental agreement with Bergen County, as well as with CoreCivic, one of the countrys largest private prison companies, to run an immigration detention center in the city of Elizabeth.

Hudson County has housed ICE detainees at its jail since the 1990s, bringing in millions to county coffers. During President Donald Trumps tenure, the administration adopted stricter policies to curb illegal immigration, which led ICE to arrest more people who had been charged with civil immigration violations. That, in turn, led to the population at immigration detention centers to swell.

During the Trump presidency, and prior to the ongoing coronavirus pandemic, Hudson County housed at times 600 detainees daily for the federal agency, receiving $120 per day, per detainee. The county billed ICE more than $19 million in 2016, which jumped to $27.4 million in 2018, according to invoices provided by the county to The Record and NorthJersey.com.

Last year, the Board of County Commissioners approved the renewal of its ICE contract for 10 years, after a marathon online meeting where more than 100 people spoke against it. ODea was among those who voted against renewal.

After Essex County announced in the spring it would phase out its operations with ICE, Anthony Vainieri, chairman of the Hudson County Board of County Commissioners, who voted in favor of extending the ICE contract, said he had changed his stance on keeping the agreement going.

ODea said the county was trying for many months to find other ways to make up the revenue it would lose if it no longer housed ICE detainees. Earlier this year, the county received $7 million for the Hudson County Pilot Reentry Program, which represented a $4 million increase from the previous year, and could help close some of the gap in revenue.

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Where will detainees go as another county rejects ICE? - NJ Spotlight