The following article by Ruy Teixeira, senior fellow at the American Enterprise Institute, politics editor of The Liberal Patriot newsletter and co-author with John B. Judis of the forthcoming book “Where Have All the Democrats Gone?,” is cross-posted from The Liberal Patriot:
Most people have long forgotten—if they ever noticed to begin with—that the Biden administration did, in fact, propose an ambitious immigration reform bill very early in Biden’s tenure. Ambitious, but without the remotest chance of passing. Republicans, to no one’s surprise, did not sign on to a bill that did almost nothing to address their concerns about border security.
At the time, Democratic Rep. Henry Cuellar, from TX-28, a heavily Hispanic border district, presciently remarked:
Hey, we don’t want the wall, but when it comes to the other issues, we gotta be careful that we don’t give the impression that we have open borders because otherwise the numbers are going to start going up. And surely enough, we’re starting to see numbers go up.
Also around that time, I wrote:
Democrats moving forward have to accept the reality of American public opinion and politics that border security is a huge issue that cannot be elided in any attempt to reform the immigration system. Indeed, the most popular part of the current immigration bill is the provision most directly related to border security (technologically enhanced port of entry screening) according to Morning Consult. And public opinion polling over the years has consistently shown overwhelming majorities in favor of more spending and emphasis on border security.
This suggests a serious revamp of the Democratic approach to immigration flows and immigration reform. The public has indeed become more sympathetic to immigrants and immigration, partially as a thermostatic reaction to the practices of the Trump administration. But that does not mean that Democrats can simply be the opposite of Trump on this issue. He was closed; we’re open! He was mean; we’re nice! Any moves toward greater leniency at the border and the creation of legalization regimes for undocumented immigrants raises the possibility of knock-on effects and unintended consequences that would be highly unpopular. How do you prevent people from gaming the system? How do you handle the possibility of surges at the border to take advantage of leniency and legalization regimes? Any immigration reform package worth its salt must have serious answers to these questions.
America is a very desirable destination and it is simply a fact that many more people want to come here than can possibly be accommodated. Therefore, choices will have to be made about the numbers to be let in. What is, in fact, a desirable level of legal immigration? If Democrats wish it to be much higher, which is a defensible position, then they must have an answer for who these people should be. How are slots to be allocated—would the country be served well by moving to more a skill-based system or at least a hybrid that leans in that direction? And if the immigration system is to be more generous, how are levels of illegal immigration to be controlled? It will not do to make the immigration system more generous, while doing little to control flows of illegal immigration. Most of all, voters want an immigration system that is both reasonably generous and humane and under control. Democrats ignore the “under control” part at their peril.
I think it’s fair to say that the Biden administration did not heed this counsel and that of others who made similar points. Instead, an initial moratorium on deportations and a multitude of other actions the administration took clearly signaled that there was to be a very different regime at the border than there was under Trump. This regime was touted as being more ‘humanitarian” and “compassionate” but prospective migrants, predictably enough, interpreted it more simply as “easier to get in” if you come. And come they did.
Two straight years of record-breaking illegal immigrant border crossings followed. Some were turned away of course but a large proportion (76 percent) remained in the U.S. Recently, that proportion may be even higher. The situation is exacerbated by the thoroughly broken asylum system. It is being systematically gamed by arriving migrants who are briefed by smugglers and social media on exactly what to say to establish themselves as asylum-seekers.