How Illegal Immigration and Asylum Increases Affected Legal Immigration Under the Biden-Harris Administration
The Growing Divide: Legal Immigration vs. Asylum and Illegal Crossings
Under the Biden-Harris administration, the surge in illegal immigration and asylum applications from 2020 to 2024 created significant ripple effects across the U.S. immigration system, particularly impacting legal immigration pathways. As the administration focused on managing the challenges of increasing border crossings and asylum claims, legal immigrants experienced delays and disruptions in visa processing, green card applications, and other forms of lawful entry into the United States.
Border Crisis Diverts Resources from Legal Immigration
The record-breaking numbers of illegal border crossings during this period placed immense strain on U.S. immigration agencies such as the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS). With resources being diverted to process and manage asylum seekers and undocumented immigrants, backlogs for family- and employment-based visa categories grew exponentially.
USCIS and DHS had to shift personnel and funding towards border control, detention facilities, and asylum processing. As a result, processing times for legal immigration petitions—including family sponsorships and employment-based visas—faced significant delays. For example, the processing of family-sponsored visas like F2A (spouses and children of permanent residents) and F4 (siblings of U.S. citizens) slowed down, with priority dates for many countries stuck several years behind
Visa Bulletin For October 2024 oai_citation:10,Visa Bulletin For September 2024.
This redirection of resources meant that legal immigrants faced longer wait times, contributing to frustration for individuals who followed the lawful path but were delayed due to resource constraints caused by the asylum crisis.
Asylum Backlog and Impact on Legal Migration
As asylum applications surged under the Biden administration, the number of pending cases reached historic highs. By mid-2023, the backlog in U.S. immigration courts surpassed 1.6 million cases
What to Expect for United States Immigration in 2024.
The focus on clearing these asylum cases led to further strain on immigration courts and delayed processing for legal immigration categories, such as employment-based visas (EB-2 and EB-3) and family-based green cards
October 2024 Visa Bulletin: Key Highlights and Implications | BIG Immigration Law Blog
The backlog was exacerbated by administrative changes that sought to address humanitarian concerns. Biden reversed restrictive policies from the Trump era, allowing more individuals fleeing violence, persecution, and domestic issues to apply for asylum. This expansion, while necessary from a humanitarian standpoint, overwhelmed the system, pushing legal immigration cases to the back of the queue
October 2024 Visa Bulletin: Key Highlights and Implications | BIG Immigration Law Blog.
Delays in Employment-Based Visas and Skilled Labor
Legal immigration pathways for skilled workers, such as the H-1B and employment-based green cards (EB-2 and EB-3 categories), also faced delays due to the increased focus on illegal immigration and asylum cases. Employers who relied on foreign talent faced longer wait times, as their employees’ visa applications were delayed by overburdened immigration offices and courts.
Moreover, countries like India and China, which already had lengthy backlogs due to high demand for employment-based green cards, saw even more delays during the Biden administration. The priority date for EB-2 applicants from India, for instance, stagnated around 2012, frustrating skilled workers and their employers
October 2024 Visa Bulletin: Key Highlights and Implications | BIG Immigration Law Blog oai_citation:4,Visa Bulletin For October 2024.
Family Reunification Efforts Slow Down
The Biden administration’s emphasis on family reunification for undocumented migrants and asylum seekers also played a role in stretching immigration resources thin. While efforts to reunite separated families at the border were crucial, they inadvertently contributed to delays in legal family sponsorship processes. U.S. citizens and lawful permanent residents faced delays in sponsoring immediate relatives due to the immigration system’s overall strain
Visa Bulletin For September 2024.
Legislative and Administrative Responses
Additionally, the administration has attempted to address the root causes of migration, particularly in Central America, through economic aid and diplomatic initiatives. These efforts aim to reduce the flow of illegal immigrants and asylum seekers, potentially allowing more focus on legal immigration processing in the future
Immigration Delays Persist at US Consulates Worldwide.
In response to these challenges, the Biden administration sought to ease pressure on the system through various legislative and administrative measures. Proposals to expand immigration courts, hire more USCIS personnel, and use technology to expedite case processing have been introduced. However, these measures have yet to make a significant dent in the backlog
What to Expect for United States Immigration in 2024.
Conclusion: Balancing Humanitarian Needs and Legal Pathways
The surge in illegal immigration and asylum applications under the Biden-Harris administration created a delicate balancing act between addressing immediate humanitarian crises and maintaining efficient legal immigration channels. As the system continues to face immense pressure, legal immigrants bear the brunt of delays and backlogs. Moving forward, comprehensive immigration reform, resource allocation, and innovative policy solutions will be crucial to ensuring that both asylum seekers and legal immigrants are treated fairly and efficiently.