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President Biden Announces New Actions to Secure the Border, Calls for Congress to Pass Bipartisan Immigration Reform

President Biden, with Homeland Security Secretary Alejandro Mayorkas, announces new actions to control the border while urging Republicans in Congress not to obstruct crucial immigration reform © Karen Rubin/news-photos-features.com via MSNBC.

With Republicans actively obstructing bipartisan legislation to secure the border, President Biden has taken new actions to bar migrants who cross our Southern border unlawfully from receiving asylum, but continues to appeal for Congress to pass comprehensive immigration reform – as he has proposed since Day 1 of his administration.

Here are President Biden’s remarks about his Executive Order, and a fact sheet describing the new actions to secure the border, provided by the White House:
 
I’ve come here today to do what the Republicans in Congress refuse to do: take the necessary steps to secure our border. 

Four months ago, after weeks of intense negotiation between my staff and Democrats and Republicans, we came to a clear — clear bipartisan deal that was the strongest border security agreement in decades.  But then Republicans in Congress — not all, but — walked away from it. 

Why?  Because Donald Trump told them to.  He told the Republicans — it has been published widely by many of you — that he didn’t want to fix the issue; he wanted to use it to attack me.  That’s what he wanted to do.  It was a cynical and a – extremely cynical political move and a complete disservice to the American people, who are looking for us to — not to weaponize the border but to fix it. 

Today, I am joined by a bipartisan group of governors, members of Congress, mayors, law enforcement officials — most of whom live and work along the southern border.  They know the border is not a political issue to be weaponized — the responsibility we have to share to do something about it.  They don’t have time for the games played in Washington, and neither do the American people. 

So, today, I’m moving past Republican obstruction and using the executive authorities available to me as president to do what I can on my own to address the border. 

Frankly, I would have preferred to address this issue through bipartisan legislation, because that’s the only way to actually get the kind of system we have now — that’s broken — fixed, to hire more Border Patrol agents, more asylum officers, more judges.  But Republicans have left me with no choice. 
 
Today, I’m announcing actions to bar migrants who cross our southern border unlawfully from receiving asylum.  Migrants will be restricted from receiving asylum at our southern border unless they seek it after entering through an established lawful process.  

And those who seek — come to the United States legally — for example, by making an appointment and coming to a port of entry — asylum will still be available to them — still available.  But if an individual chooses not to use our legal pathways, if they choose to come without permission and against the law, they’ll be restricted from receiving asylum and staying in the United States. 

This action will help us to gain control of our border, restore order to the process.

This ban will remain in place until the number of people trying to enter illegally is reduced to a level that our system can effectively manage. 

We’ll carry out this order consistent with all our responsibilities under international law — every one of them. 

In addition to this action, we recently made important reforms in our asylum system: more efficient and more secure reforms.  The goal is to deliver decisions on asylum as quickly as possible. 

The quicker decision means that a migrant is less likely to pay a criminal smuggler thousands of dollars to take them on a dangerous journey, knowing that if, in fact, they move in the wrong direction, they’d be turned around quickly. 

And two weeks ago, the Department of Justice started a new docket in the immigration courts to address cases where people who’ve recently crossed the border and make — they’ll make a decision within six months rather than six years, because that’s what happens now.  

Additionally, the Department of Homeland Security has proposed new rules to allow federal law enforcement to more quickly remove asylum seekers that have criminal convictions and remove them from the United States. 

My administration also recently launched new efforts to go after criminal networks that profit from smuggling migrants to our border and incentivize people to give tipsto law enforcement to provide information that brings smugglers to justice. 

We’re also sending additional federal prosecutors to hot spots along the border and prosecute individuals who break our immigration laws. 

One other critical step that we’ll be taking, and that made a huge difference: We continue to work closely with our Mexican neighbors instead of attacking Mexico, and it’s worked. 

We built a strong partnership of trust between the Mexican President, López Obrador, and I’m going to do the same with the Mexican-elect President, who I spoke with yesterday.

We’ve chosen to work together with Mexico as an equal partner, and the facts are clear.  Due to the arrangements that I’ve reached with President Obrador, the number of migrants coming and shared — to our shared border unlawfully in recent months has dropped dramatically. 

But while these steps are important, they’re not enough. 

To truly secure the border, we have to change our laws, and Congress needs to provide the necessary funding to hire 1,500 more border security agents; 100 more immigration judges to help tackle the backlog of cases — more than 2 million of them; 4,300 more asylum officers to make decisions in less than six months instead of six years, which is what it takes now; and around 100 more high-tech detection machines to significantly increase the ability to screen and stop fentanyl being smuggled into the United States. 

These investments were one of the primary reasons that the Border Patrol union endorsed the bipartisan deal in the first place.  And these investments are essential and remain essential. 

As far as I’m concerned, if you’re not willing to spend the money to hire more Border Patrol agents, more asylum officers, more judges, more high-tech machinery, you’re just not serious about protecting our border.  It’s as simple as that.

I believe that immigration has always been a lifeblood of America.  We’re constantly renewed by an infusion of people and new talent. 

The Statue of Liberty is not some relic of American history.  It stands for who we are as the United States. 

So, I will never demonize immigrants.  I will never refer to immigrants as “poisoning the blood” of a country.  And further, I’ll never separate children from their families at the border. 

I will not ban people from this country because of their religious beliefs.  I will not use the U.S. military to go into neighborhoods all across the country to pull millions of people out of their homes and away from their families to put detention camps while awaiting deportation, as my predecessor says he will do if he occupies this office again.
 
On my very first day as president, I introduced a comprehensive immigration reform planto fix our broken system, secure our border, provide a pathway for citizenship for DREAMers, and a lot more.  And I’m still fighting to get that done. 

But we must face a simple truth: To protect America as a land that welcomes immigrants, we must first secure the border and secure it now.

The simple truth is there is a worldwide migrant crisis, and if the United States doesn’t secure our border, there is no limit to the number of people who may try to come here, because there is no better place on the planet than the United States of America. 

For those who say the steps I’ve taken are too strict, I say to you that — be patient, and good will of the American people are wearing thin right now.  Doing nothing is not an option.  We have to act.  We must act consistent with both our law and our values — our value as Americans.

I take these steps today not to walk away from who we are as Americans but to make sure we preserve who we are for future generations to come. 

Today, I have spoken about what we need to do to secure the border.  In the weeks ahead — and I mean the weeks ahead — I will speak to how we can make our immigration system more fair and more just. 
 
Let’s fix the problem and stop fighting about it.  I’m doing my part.  We’re doing our part.  Congressional Republicans should do their part
.

Fact Sheet: New Actions to Secure the Border

Since his first day in office, President Biden has called on Congress to secure our border and address our broken immigration system. Over the past three years, while Congress has failed to act, the President has acted to secure our border. His Administration has deployed the most agents and officers ever to address the situation at the Southern border, seized record levels of illicit fentanyl at our ports of entry, and brought together world leaders on a framework to deal with changing migration patterns that are impacting the entire Western Hemisphere. 
 
Earlier this year, the President and his team reached a historic bipartisan agreement with Senate Democrats and Republicans to deliver the most consequential reforms of America’s immigration laws in decades. This agreement would have added critical border and immigration personnel, invested in technology to catch illegal fentanyl, delivered sweeping reforms to the asylum system, and provided emergency authority for the President to shut down the border when the system is overwhelmed. But Republicans in Congress chose to put partisan politics ahead of our national security, twice voting against the toughest and fairest set of reforms in decades.
 
President Biden believes we must secure our border. That is why today, he announced executive actions to bar migrants who cross our Southern border unlawfully from receiving asylum. These actions will be in effect when high levels of encounters at the Southern Border exceed our ability to deliver timely consequences, as is the case today. They will make it easier for immigration officers to remove those without a lawful basis to remain and reduce the burden on our Border Patrol agents.
 
But we must be clear: this cannot achieve the same results as Congressional action, and it does not provide the critical personnel and funding needed to further secure our Southern border. Congress still must act.
 
The Biden-Harris Administration’s executive actions will:  
 
Bar Migrants Who Cross the Southern Border Unlawfully From Receiving Asylum

  • President Biden issued a proclamation under Immigration and Nationality Act sections 212(f) and 215(a) suspending entry of noncitizens who cross the Southern border into the United States unlawfully. This proclamation is accompanied by an interim final rule from the Departments of Justice and Homeland Security that restricts asylum for those noncitizens.
    • These actions will be in effect when the Southern border is overwhelmed, and they will make it easier for immigration officers to quickly remove individuals who do not have a legal basis to remain in the United States.
    • These actions are not permanent. They will be discontinued when the number of migrants who cross the border between ports of entry is low enough for America’s system to safely and effectively manage border operations. These actions also include similar humanitarian exceptions to those included in the bipartisan border agreement announced in the Senate, including those for unaccompanied children and victims of trafficking.

Recent Actions to secure our border and address our broken immigration system:
 
Strengthening the Asylum Screening Process

  • The Department of Homeland Security published a proposed rule to ensure that migrants who pose a public safety or national security risk are removed as quickly in the process as possible rather than remaining in prolonged, costly detention prior to removal. This proposed rule will enhance security and deliver more timely consequences for those who do not have a legal basis to remain in the United States.

Announced new actions to more quickly resolve immigration cases

  • The Department of Justice and Department of Homeland Security launched a Recent Arrivals docket to more quickly resolve a portion of immigration cases for migrants who attempt to cross between ports of entry at the Southern border in violation of our immigration laws.
    • Through this process, the Department of Justice will be able to hear these cases more quickly and the Department of Homeland Security will be able to more quickly remove individuals who do not have a legal basis to remain in the United States and grant protection to those with valid claims.
    • The bipartisan border agreement would have created and supported an even more efficient framework for issuing final decisions to all asylum seekers. This new process to reform our overwhelmed immigration system can only be created and funded by Congress.

Revoked visas of CEOs and government officials who profit from migrants coming to the U.S. unlawfully

  • The Department of State imposed visa restrictions on executives of several Colombian transportation companies who profit from smuggling migrants by sea. This action cracks down on companies that help facilitate unlawful entry into the United States, and sends a clear message that no one should profit from the exploitation of vulnerable migrants.
    • The State Department also imposed visa restrictions on over 250 members of the Nicaraguan government, non-governmental actors, and their immediate family members for their roles in supporting the Ortega-Murillo regime, which is selling transit visas to migrants from within and beyond the Western Hemisphere who ultimately make their way to the Southern border.
    • Previously, the State Department revoked visas of executives of charter airlines for similar actions.

Expanded Efforts to Dismantle Human Smuggling and Support Immigration Prosecutions

  • The Departments of State and Justice launched an “Anti-Smuggling Rewards” initiative designed to dismantle the leadership of human smuggling organizations that bring migrants through Central America and across the Southern U.S. border. The initiative will offer financial rewards for information leading to the identification, location, arrest, or conviction of those most responsible for significant human smuggling activities in the region.
    • The Department of Justice will seek new and increased penalties against human smugglers to properly account for the severity of their criminal conduct and the human misery that it causes.
    • The Department of Justice is also partnering with the Department of Homeland Security to direct additional prosecutors and support staff to increase immigration-related prosecutions in crucial border U.S. Attorney’s Offices. Efforts include deploying additional DHS Special Assistant United States Attorneys to different U.S. Attorneys’ offices, assigning support staff to critical U.S. Attorneys’ offices, including DOJ Attorneys to serve details in U.S. Attorneys’ Offices in several border districts, and partnering with federal agencies to identify additional resources to target these crimes.

Enhancing Immigration Enforcement

  • The Department of Homeland Security has surged agents to the Southern border and is referring a record number of people into expedited removal.
    • The Department of Homeland Security is operating more repatriation flights per week than ever before. Over the past year, DHS has removed or returned more than 750,000 people, more than in every fiscal year since 2010.
    • Working closely with partners throughout the region, the Biden-Harris Administration is identifying and collaborating on enforcement efforts designed to stop irregular migration before migrants reach our Southern border, expand investment and integration opportunities in the region to support those who may otherwise seek to migrate, and increase lawful pathways for migrants as an alternative to irregular migration. 

Seizing Fentanyl at our Border

  • Border officials have seized more fentanyl at ports of entry in the last two years than the past five years combined, and the President has added 40 drug detection machines across points of entry to disrupt the fentanyl smuggling into the Homeland. The bipartisan border agreement would fund the installation of 100 additional cutting-edge inspection machines to help detect fentanyl at our Southern border ports of entry.

In close partnership with the Government of Mexico, the Department of Justice has extradited Nestor Isidro Perez Salaz, known as “El Nini,” from Mexico to the United States to face prosecution for his role in illicit fentanyl trafficking and human rights abuses. This is one of many examples of joint efforts with Mexico to tackle the fentanyl and synthetic drug epidemic that is killing so many people in our countries and globally, and to hold the drug trafficking organizations to account

New York to Sue Trump Administration for Violating Constitutional Rights of Children and Families

Governor Andrew M. Cuomo announced New York State will sue the Trump Administration on the grounds that the federal government is violating the Constitutional rights of thousands of immigrant children and their parents who have been separated at the border © Karen Rubin/news-photos-features.com

Governor Andrew M. Cuomo announced New York State intends to file a multi-agency lawsuit against the Trump Administration on the grounds that the federal government is violating the Constitutional rights of thousands of immigrant children and their parents who have been separated at the border. We now know of more than 70 children who are staying in federal shelters in New York State and that number is expected to increase as other facilities are contacted. The Governor is directing the Office of Temporary and Disability Assistance, the Department of Health and the Office of Children and Family Services to commence legal action against the federal government’s “Separation of Families” policy. Following the callous and inhumane treatment of immigrant families at the border, New York is suing to protect the health and well-being of children being held at least 10 different facilities across the state including some on Long Island, and at others throughout the nation.

“The Trump Administration’s policy to tear apart families is a moral failing and a human tragedy,” Governor Cuomo said. “We will not tolerate the Constitutional rights of children and their parents being violated by our federal government.  New York will act and file suit to end this callous and deliberate attack on immigrant communities, and end this heartless policy once and for all.”

The Governor announced that New York plans to sue the federal government for:

Violating the Constitutional Rights of Children and Families

Parents are being separated from their children at the border as a result of the Trump Administration’s new “zero tolerance” prosecution of the minor federal offense of improper entry into the country. In prior administrations, families who appeared with children at the border would be processed together and released with a date to appear in court. Now, parents, many of whom are seeking to protect their children and families from gang violence, are being systematically detained, separated from their children, and, in some cases, deported with no meaningful opportunity to participate in making decisions concerning the care and custody of their children. Yet these parents are still afforded rights under the United States Constitution to familial integrity and to decide to exercise their parental rights in New York State.

Violation of the Terms of the Flores Settlement

The 1997 Flores Settlement Agreement set national standards regarding the detention, release, and treatment of all children in immigration detention and prioritizes the principle of family unity. It requires that juvenile immigrant detainees be released from custody without unnecessary delay, or when no appropriate placement is available, be held in the least restrictive setting appropriate to age and special needs. The Flores Settlement explicitly requires family reunification with a clear preference for custody by a parent, which supports New York’s call for ending the “zero tolerance” policy.

Callous Policies Based on the Outrageous Government Conduct Doctrine

The Supreme Court has asserted that “it may someday be presented with a situation in which the conduct of law enforcement agents is so outrageous that due process principles would absolutely bar the government from invoking judicial processes to obtain a conviction.” Clearly that day has come. New York State will challenge the federal government’s zero-tolerance policy which leads to the unnecessary and inhumane separation of families and detention of children and which serves no legitimate national security or public safety purpose.

Governor Cuomo issued an open letter to Vice President Mike Pence condemning the “zero-tolerance” policy and urging the federal government to end the mistreatment of immigrant families at the border.

The Governor’s call for legal action builds on the launch of new initiatives and increased services and support for New Americans across New York. In January, the Governor announced actions to protect thousands of immigrants from President Trump’s decision to end Temporary Protected Status for Salvadorans, Haitians and Nicaraguans, including directing the Department of State to increase resources available to communities across New York.

On June 8, the Governor issued a letter to Department of Homeland Security Acting Inspector General John Kelly calling for an investigation into the conduct of Immigration and Customs Enforcement agents, and on Sunday, June 17, the Governor again called on the Department of Homeland Security to investigate the treatment of immigrant families at the border. On Monday, June 18 the Governor declared that New York State will not deploy National Guard to the border and will not support the federal government’s inhumane treatment of immigrant families.

Liberty Defense Project

This latest call for action builds on the comprehensive efforts of this administration to protect the rights of immigrants, including the Liberty Defense Project, created by Governor Cuomo in 2017. The LDP was established in response to hostile federal policies and is the nation’s first state-led project to assist immigrants – regardless of status – in obtaining access to legal services and process. The Liberty Defense Project provides essential legal services on deportation defense, direct representation, consultations, application assistance, and more. The public-private partnership is administered by the Office for New Americans and run in partnership with law firms, legal associations, advocacy organizations, colleges, universities, and bar associations across the state.

Since July 2017, the Liberty Defense Project has provided more than 10,000 free and confidential services to individuals needing legal assistance through its network of 47 community-based groups.

Application Deadline Extended for NaturalizeNY Initiative

Part of the Governor’s efforts to help immigrants and minority populations fully participate in New York’s civic and economic life, NaturalizeNY assists low-income immigrants in gaining U.S. citizenship. The nation’s first statutorily created immigrant services office, NaturalizeNY is administered and supported by Governor Cuomo’s Office for New Americans in partnership with Robin Hood, New York Community Trust, Stanford University’s Immigration Policy Lab, as well as faculty from SUNY Albany and George Mason University.

Eligible immigrants may register and enter a lottery for a voucher to cover the $725 naturalization application fee. Applicants may apply online at NaturalizeNY.org, via the New Americans Hotline at 800-566-7636 or by visiting an ONA Opportunity Center. The registration period began May 1 and has been extended from its original June 15 end date to July 3, 2018.

Since Governor Cuomo established the Office of New Americans in 2013, more than 200,000 New Americans have received help navigating the naturalization process, starting and growing their own businesses, learning English, and becoming part of New York’s diverse cultural fabric. Of these:

  • 19,543 were Naturalization and DACA applications and referrals;
  • 34,938 participated in ESOL classes throughout the state;
  • 4,986 partook in entrepreneurship classes across New York;
  • 500 graduated with at least 20 hours of English language coursework via Cell-Ed, a phone-based English learning system for individuals who have difficulty reaching an actual classroom; and
  • 1,540 are actively engaged in Cell-Ed throughout the state.

In addition to providing free, direct assistance to individuals, the Office for New Americans has conducted more than 6,000 seminars and meetings to educate New Yorkers on how to apply for a passport, how to apply for college, what to do if/when immigration officers come to their homes, and what avenues are available for victims of domestic violence.

“It is outrageous government conduct and there is an outrageous government conduct doctrine,” Governor Cuomo told reporters in a press call announcing the plan to sue the Trump Administration. “The Supreme Court has expressed openness to the idea that, iit may someday be presented with a situation in which the conduct of law enforcement agents is so outrageous that due process principles would absolutely bar the government from invoking judicial processes to obtain a conviction.’

“And clearly that day has come. We’ve had a number of experiences with ICE in this state where I believe they have been turned into a political police apparatus. We had a situation in Rome, New York on April [18] where they trampled an immigrant’s rights without a warrant. Went onto a farm, grabbed a worker, left. Unidentified. Never showed the farmer a piece of paper. They just trampled the immigrant’s rights as they trampled the farmer’s field. We’re involved in a situation now that happened on June [1] where they detained Pablo Villavicencio, who was a pizza delivery person delivering pizza in Brooklyn, married, two children, in New York, and he has been detained. They moved to deport him immediately. We intervened through what we call our Liberty Defense Project. We provided counsel and we put that off, but it’s just another example of the overzealous activity of ICE in pursuing the President’s political mandate. The separation between police powers and political wishes is sacrosanct in this country, and I think that’s being violated.

“You should also know that the State regulates the facilities that the federal government is using and the State offered health services and mental health services to these children. Obviously it’s traumatic for a child to be separated from their parents and the State has been informed that the federal government has essentially gagged the facilities and that if we want to provide any services to the children, we’d have to go through the federal government and it’s a protracted process that would take weeks.

“Why the federal government would want to be in a position to stop a state from offering mental health services, support services, for young children suffering trauma just adds further insult to further injury.

“We’re going to sue through a multi-agency coalition, the Office of Temporary and Disability Assistance, what we call OTDA, the Department of Health, and the Office of Children and Family Services on the grounds that I mentioned earlier. So politics aside, philosophy aside, children have legal rights. Parents have legal rights. That’s established firmly in the federal and state constitutions and in case law. They have fundamental rights. They apply whether they’re documented, undocumented, short, tall, Mexican, seeking asylum, or not seeking asylum. Those fundamental rights apply and we believe they’ve been violated.”

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