February 3, 2021

Apropos of the snowy weather we have experienced over the past few days in the Northeast, President Biden has initiated a blizzard of executive orders and presidential memorandums during his first 15 days in office. Yesterday he added to the four previous ones he issued …all focused on immigration policy. Each of his orders and memorandums related to immigration are aimed at putting on hold or undoing what he has characterized as “some of the most egregious, damaging actions from the Trump administration.”

That judgment, however, is founded on political bias and, in fact, refuted based on a comparison to what happened under the Obama Administration. A simple presentation of the facts supports this contention.  (Note: All the statistics that follow are taken from the Yearbook of Immigration Statistics published by the Department of Homeland Security.)

Asylum

The general assertion is that Trump’s policies created obstacles to those seeking asylum. Yet over the three years (2017 -2019) of the Trump administration for which we have complete statistics some 110,274 people were granted asylum…an average of 36,758 each year… with a high of 46,508 achieved in 2019. In contrast, over the eight years of the Obama Administration, a total of 187,493 people were granted asylum…an average of 23,437 each year…with a high of 27,920.

Naturalizations

The assertion is that Trump’s policies slowed the naturalization process for those seeking to become citizens. The facts tell another story. The average number of people naturalized under each of three years (2017-2019) of the Trump Administration was 884,860 with a high of 986,851 in 2017. In contrast, the eight year annual average under Obama was 779,727 with a high of 972,151 in a single year.

Legal Permanent Resident Status

The assertion is that Trump’s policies created obstacles to those applying for legal permanent resident status. Actually Trump’s and Obama’s record in this area was about the same. Specifically, Trump’s Administration granted legal permanent resident status to an average of 1,085,181 over three years with a high of 1,127,167 in 2017. Obama’s average over eight years was 1,063,590 with a high of 1,183,505 in 2017.

Aliens Determined Inadmissible

The assertion is that the Trump Administration was too tough when applying the criteria to determine who should be admitted to the United States. Perhaps … but maybe it did so in the interest of those of us who are citizens who he pledged to protect. In that regard, the average annual number of immigrants determined to be inadmissible under the Trump Administration was 262,054 for a total of 786,162 over three years. The comparable figures under Obama were 227,825 and 1,822,600, respectively.

Aliens Apprehended

The assertion is that the Trump Administration was exaggerating the crisis at the border. In fact, the high watermark of alien apprehensions under the Trump administration was 1,013,539 in 2019…the majority (86%) by Border Patrol. The average over the administration’s three years was 682,548 with a definitive pattern of increase over the three years. In contrast, the high under Obama was 889,212 in 2009 with a definitive pattern of decrease over the eight years with the lowest point reached in 2015 with 462,388 apprehensions. Was the decrease under Obama a function of less people trying to cross over illegally between ports of entry or was it a simple lack of will to aggressively enforce the law by ICE and Border Patrol due to a less than supportive administration?

Alien Removals and Returns

The assertion is that Trump was tougher than Obama in the approach he took in identifying and removing and returning undocumented aliens. Once again, the facts do not support this assertion. During the three year period (2017 -2019) the Trump Administration removed a total of 975,694 aliens and returned 432,080 aliens… an annual average of 325,231 and 144,027, respectively. In contrast, over the eight years Obama was in office, a total of 3,062,581 aliens removed and 2,186,457 were returned…an annual average of 328,065 and 273,307, respectively.

In light of the above statistics an appropriate conclusion would be that the Trump Administration’s policies were generally more welcoming to those who legitimately needed asylum and who followed the proper path to citizenship but increasingly harder on those who sought to enter or remain in the country illegally. Obama’s policy was, in contrast, similarly tough in many areas but also increasingly more liberal in the latter years of his administration with respect to all aspects of illegal immigration.

It is important to understand that each administration sets its immigration policy within the confines of the statutes that have been passed, the legal case decisions which govern immigration, and the authority delegated to it by Congress.

The differences in policy between administrations are generally a difference in what each administration chooses to emphasize in its enforcement of the law. And what each administration chooses to emphasize in its enforcement is a function of what is happening at any given point in time from a political, economic, and social standpoint. Thus, even within the same administration what and how it chooses to enforce immigration law may vary over a period of time…witness the change that took place under the Obama administration.

For example, Trump’s policy approach to immigration focused on general enforcement of the law with the primary aims of deterring and discouraging illegal immigration and protecting American citizens in terms of their physical and economic security. 

It reflected and adhered in large respect to the philosophy expressed by Democrat Barbara Jordan, who as Chair of the Clinton Commission on Immigration Reform, stated “Credibility in immigration policy can be summed up in one sentence: those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave.”

Biden’s approach to immigration policy promises to be mirror image of Obama’s in the latter years of his administration…one, that while it may be viewed as more humane, weakens existing immigration law and actually encourages illegal immigration…witness the rebirth of caravans coming from the Northern Triangle.

Biden would do well not to “throw the baby out with the bath water” as he reviews Trump’s immigration actions.  Certainly Trump’s “zero tolerance” policy that led to family separations was a misstep and should not be repeated but beyond that his actions were focused on enforcement of existing law and protecting American citizens…which is a primary duty of the President.

Hopefully he will be guided by common sense and adherence to the laws as passed by Congress and not by the pleadings of his more liberal base as he moves forward to formulate his immigration policy.