Secure Borders. Humane Treatment. Real Reform.
Comprehensive Immigration & Border Reform
Jan Schneider insists that the most immediate issue with respect to immigration/border reform is to terminate abuses by Immigration and Customs Enforcement. Congress needs to enact a law requiring ICE agents, among other things: (a) to display identification, including name and agency affiliation, on their persons and vehicles, to employ body cameras, and not to wear masks during routine public operations; (b) to rely on judicial rather than administrative warrants for entry into homes and in other circumstances; (c) to undergo and implement mandatory de-escalation training; (d) to treat detainees without unnecessary force and to house them in humane facilities; and (e) to be held accountable for constitutional and other legal violations. Congress should also exercise its legislative oversight to create an independent ombudsmen and/or civilian oversight boards to investigate ICE misconduct and ensure civil rights protections.
A Bipartisan Border Bill
In early February 2024, the United States Senate released a Bipartisan Border Bill, formally titled Emergency National Security Supplemental Appropriations Act. President Joe Biden quickly “urge[d] Congress to come together and swiftly pass this bipartisan agreement.” Former President Trump, however, opined that he did “not think we should do a Border Deal, at all, unless we get EVERYTHING needed to shut down the INVASION” and expressed confidence that “our wonderful Speaker of the House, Mike Johnson, will only make a deal that is PERFECT ON THE BORDER.” Speaker Johnson, a faithful acolyte, declared the bill “dead on arrival” if it reached his chamber. Thereafter, Senate Republicans blocked the Border Bill from advancing.
No Perfect Deal
There is, of course, no such thing as a “perfect” border deal. Republicans killed the bipartisan compromise in order to prolong the crisis and thereby preserve border and immigration control as premier campaign issues. Some Republican moderates in Congress did tender further compromise proposals, which had no chance of prevailing. And once more the “do-nothing” Congress lived up to its billing.
Stronger Border Security
A comprehensive immigration bill, in my opinion, needs multiple elements. The first is obviously improved border security, including among other things: (a) additional funding for the United States Customs and Immigration Services and U.S. Customs and Border Protection; (b) efficient and fair processes for considering asylum and other protection claims; (c) clearer standards for asylum claims at the initial interview and other stages; (d) strengthened provisions against trafficking of fentanyl and other drugs, human trafficking and currency smuggling; and (e) assurances of legal and humane treatment of asylum seekers and particularly children.
Reform Beyond the Border
Immigration issues, however, encompass more than border security. A comprehensive immigration bill should also include: (a) protection and an eventual path to citizenship for “Dreamers” covered by the Development, Relief, and Education for Alien Minors (DREAM) Act and young undocumented immigrants who received Deferred Action for Childhood Arrivals (DACA) protection; (b) preservation of the Temporary Protected Status program for individuals and their families from designated countries afflicted by armed conflict, environmental disaster, epidemic or other extraordinary and temporary conditions; and (c) accelerated transition to permanent status for Afghan allies and their families who entered the United States under Operation Allies Welcome.
Jan’s Priorities
In sum, first Congress has to rein in ICE. Then I favor a comprehensive immigration/border bill with clearer standards and processes, more compassionate treatment of asylum seekers, permanent status for Dreamers and DACA immigrants, preservation of TPS status where warranted, and accelerated permanent status for Afghan allies who fought for us.
