In a recent convention hosted by the National Association of Black Journalists, former President Donald Trump once again claimed falsely that the Biden-Harris administration has implemented an open-border policy. In doing so, Trump not only showed his persistent commitment to misinformation but also served to further dismantle his credibility, whilst attempting to portray President Joe Biden and Vice President Kamala Harris as lax on immigration.
Fielding questions from Harris Faulkner, host from Fox News, Trump prided himself on his ill-informed belief that he would ‘close the border’ if he returns to power, underlining the notion that immigration should be legal, as if the current administration thinks otherwise. President Biden and Vice President Harris have indeed been criticized by many Republicans for their perceived misconduct relating to the increased number of migrants entering the U.S via the Mexican border. However, such criticisms often conveniently overlook the complex realities of immigration policy.
Contrary to Trump’s claims, the open-border allegation is nothing more than a groundless accusation devoid of any objective basis. Experts in immigration studies challenge accusations that the U.S has ‘open borders’ under Biden, making it clear that such a claim is not only incorrect — but is practically unviable.
David J. Bier, Director of Immigration Studies at the Cato Institute, highlighted the rhetorical disparity underlying such unfounded attacks on Biden’s border policy, dismissing them for being exertions of political hyperbole divorced from reality. Unfortunately, this is yet another example of misinformation designed to discredit a political rival through false narratives.
Discussing the current state of U.S. immigration policy, Bier clarified that the policy essentially supports closed borders, and that Biden’s immigration policies and goals bear remarkable similarities with those implemented during the Trump era — a fact conveniently overlooked by the critics. This stance was echoed by Rebecca Hamlin, Ph.D., Director of the Legal Studies Program at the University of Massachusetts Amherst, who underscored the stark contrast between the false accusations and the reality of tighter immigration controls.
As Hamlin relayed, in her two-decade-long engagement with immigration politics, she had yet to witness such a level of discrepancy exist between the actual policy imposed and the unfounded indictment laid by another party. According to federal immigration law, immigrating to the U.S. is unlawful unless specific exceptions apply, such as a limited number of high-skilled workers or the family members of U.S. citizens—a fact overlooked by those claiming that Biden and Harris have a laissez-faire approach to immigration.
Another notable aspect of U.S. immigration policy, often neglected by critics, is the provision to admit refugees or those facing persecution in their home countries. Yet, as Bier pointed, out the Biden administration has been reluctant to utilize this power, admitting only 11,411 refugees out of a potential cap of 62,500 in 2021, marking a stark low for America since 1980.
The Biden administration has also gone beyond what is required by law in terms of asylum restrictions—an odd choice for an administration allegedly operating an open border policy. Asylum is a legal status that enables individuals fearing persecution or harm in their native country to remain in the U.S., something that is indicated clearly by the UN Refugee Agency.
Further contesting the unfounded accusation of Biden maintaining an open border policy, both Biden and Trump invoked Title 42, a rule formed during the pandemic period that allowed the Border Patrol to ‘immediately expel any individual encountered attempting to enter the United States in violation of travel restrictions’. The Biden administration proceeded to end this rule by May 11, 2023, instead of opening the borders as per false allegations.
The lifting of Title 42 in fact marked a return to immigration procedures outlined in Title 8. Under this title, illegal border crossings invoke severe criminal consequences including possible deportation and a ban from re-entering for five years. This is a direct counter to claims of an open border policy under the Biden administration.
The Biden administration demonstrated further commitment to controlling the border by introducing a measure halting asylum processing at the U.S.-Mexico border when illegal entries reached a level deemed excessive. The measure led to immediate deportation orders for migrants, banning them temporarily from legally entering the U.S., adding a layer of restriction contrary to allegations of an open border.
Despite the ongoing challenge of managing the border, the Biden administration has shown some success in managing it. For instance, arrests of migrants for illegally crossing the southern border dropped 30% in July, marking a new low for Biden’s presidency. This suggests that the temporary ban on asylum may be lifted soon.
Verification of these facts reveals that it’s not within the power of any president, Biden or otherwise, to completely close down the border, as existing federal laws would be undermined if such an action took place. However, presidents can issue executive orders to restrict certain groups of people from entering the U.S., a power exercised by many, including Trump.
Julia Gelatt, associate director of the U.S. Immigration Policy Program at the Migration Policy Institute, iterated that complete border closure was impractical. She clarified that while some might visualize an entirely closed border allowing only individuals with legal visas to cross legally, the reality is quite different.
As we wade through a sea of twisted narratives and factual distortions, our focus must remain on separating truth from fiction. To this end, here’s a reminder to always seek accurate and fact-checked information.
At the end of the day, the most effective corrective to such persistent allegations of an open border policy under Biden is the hard truth. Quite to the contrary of the claims of critics like Trump, the Biden administration has maintained stringent regulations on immigration, effectively ensuring controlled borders rather than the nonexistent open border policy that has been levied against them.