Biden Tries to Close a Loophole

President Biden’s latest executive actions on immigration are an attempt to shrink a loophole that has allowed many people to enter the country without legal permission. That loophole is the asylum system.

In today’s newsletter, I’ll explain why experts consider the asylum system to be broken and why a long-term solution will almost certainly require a new law from Congress.

Not as intended

The modern idea of asylum stems from World War II. It is meant to protect people fleeing political oppression — Jews during the Holocaust, dissidents from the Soviet empire, Iranians after the revolution and, in recent years, Muslim Uyghurs, Afghans, South Sudanese and Ukrainians.

But asylum has expanded far beyond its original intent. Today, many migrants claim asylum even though they are not at risk of being persecuted. They instead want to move to the U.S. — understandably enough — because it is a richer, politically freer and less violent place than much of the world.

After migrants arrive at the U.S. border and request asylum, the federal government allows many to remain in the country while their cases are considered. The process can take years, partly because the system is overwhelmed and doesn’t employ enough border agents and immigration judges to decide cases quickly.

The situation has become self-reinforcing, giving more migrants reason to come to the U.S. As my colleague Miriam Jordan has explained:

It is not just because they believe they will be able to make it across the 2,000 mile southern frontier. They are also certain that once they make it to the United States they will be able to stay.

Forever.

And by and large, they are not wrong …

Most asylum claims are ultimately rejected. But even when that happens, years down the road, applicants are highly unlikely to be deported. With millions of people unlawfully in the country, U.S. deportation officers prioritize arresting and expelling people who have committed serious crimes and pose a threat to public safety.

Two decades ago, the typical way that people tried to enter the U.S. without legal permission was to evade border agents. Today, the typical way is to surrender to agents and request asylum.