AI Overview
Assertions that President Biden's policies have "allowed millions of unvetted illegal immigrants into the country" are a subject of intense political debate, and the phrasing misrepresents the complexity of U.S. immigration processes. While millions of border encounters have occurred during the Biden administration, migrants are not being "allowed in" without being processed by officials. The vetting process, however, differs depending on the immigration policy in effect and has been widely criticized.
Key facts about the Biden administration's immigration policies:
High migrant encounters, but not all are "unvetted" or "illegal": The number of encounters at the U.S. border reached historic highs during the Biden presidency, peaking at over 3.2 million nationwide in fiscal year (FY) 2023. However, this total does not represent the number of unique individuals, as it includes repeat crossing attempts. Moreover, the vast majority of migrants undergo some level of screening, but the thoroughness of the vetting process varies based on the entry pathway.
Use of immigration parole: The Biden administration has used immigration parole at an unprecedented scale to admit hundreds of thousands of migrants fleeing crises in countries like Afghanistan, Ukraine, Haiti, and Venezuela. Parole allows migrants to legally enter the U.S. for a temporary period but does not grant permanent legal status. Critics argue these mass-parole programs, which have processed over 1.4 million migrants since 2023, lack adequate vetting and are unlawfully implemented.
Concerns over unaccompanied children: The Department of Health and Human Services (HHS) has faced scrutiny for failing to properly vet sponsors for tens of thousands of unaccompanied migrant children. An internal audit found that some children were placed with unvetted sponsors, and in some cases, recommended home studies were not conducted.
Use and phase-out of Title 42: The Trump-era Title 42 policy was expanded under President Biden and used to expel migrants millions of times before it expired in May 2023. While it was in effect, repeat crossings increased significantly because there were no penalties for repeat attempts. Its replacement, an "asylum ban," has also faced legal challenges.
Expedited processing and release: Some of the vetting concerns stem from the use of expedited removal and release programs, which allow migrants to be processed more quickly into the country to await a court date. While these programs include screening, critics argue they are not robust enough, and their use has coincided with a large increase in the number of migrants released into the U.S..
Executive action to limit asylum: In June 2024, President Biden issued an executive order to temporarily restrict asylum eligibility at the southern border during periods of high crossings. The administration argues this was a necessary step to deter illegal migration. Critics, however, say it is similar to restrictions imposed by the Trump administration and violates international obligations.
Increased removals: Despite the surge in migration, the Biden administration has increased border enforcement actions, including arrests, detentions, and removals. A Cato Institute analysis found that President Biden removed or expelled 3.3 million border crossers, a higher number than his predecessor.
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