The Biden-Harris administration took office in January 2021 with promises of a more compassionate and humane approach to immigration compared to the previous administration. While there have been some successes, such as reversing some of the Trump administration’s restrictive immigration policies, the administration has faced several significant immigration challenges and failures. These shortcomings have drawn criticism from both sides of the political spectrum, reflecting the complexities of the U.S. immigration system. Below are some of the key failures:
1. Border Crisis and Record-High Illegal Immigration
One of the most pressing failures of the Biden-Harris administration has been its inability to effectively manage the surge in illegal immigration at the U.S.-Mexico border. In 2021 and 2022, the U.S. experienced record numbers of illegal border crossings, with U.S. Customs and Border Protection (CBP) reporting over 2.76 million migrant encounters in fiscal year 2022 alone, the highest in U.S. history(The National Law Review).
While the administration reversed Trump-era policies like “Remain in Mexico,” which required asylum seekers to wait in Mexico while their cases were processed, the absence of a clear replacement policy contributed to chaos at the border. The rollback was viewed by many as a signal that the U.S. border was more open, which led to a significant increase in migration from Central America and beyond(
). The administration struggled to handle the influx, with overcrowded detention facilities, extended wait times for asylum claims, and logistical challenges at the border.
2. Failure to Address the Asylum Backlog
The administration’s handling of asylum cases has been another point of contention. The backlog in asylum cases ballooned under the Biden-Harris administration, reaching over 1.6 million cases by 2023. While the administration expanded the eligibility criteria for asylum seekers, it lacked the resources and infrastructure to process the flood of new cases efficiently(The National Law Review)
This backlog has resulted in long wait times for asylum seekers, with many living in limbo for years while their claims are processed. The delay has fueled criticism that the administration has been too lenient on asylum seekers, while also failing to deliver timely resolutions for those genuinely fleeing persecution(BIG Immigration Law Blog)
3. Inability to Secure Comprehensive Immigration Reform
Despite promises of immigration reform during the campaign, the Biden-Harris administration has failed to pass any significant immigration legislation. A centerpiece of their immigration agenda was to provide a pathway to citizenship for millions of undocumented immigrants, including DACA recipients (Dreamers), farm workers, and other long-term residents of the U.S. However, efforts to pass immigration reform through Congress stalled due to political opposition from Republicans and some moderate Democrats(Inside Business Immigration)
The administration’s lack of success in securing comprehensive immigration reform has left millions of undocumented immigrants without a clear path to legal status, perpetuating uncertainty and vulnerability. This failure has been a major disappointment for immigrant advocacy groups and progressive supporters who had hoped for bold legislative action(VisaPlace)
4. Humanitarian Failures at the Border
The administration’s handling of humanitarian issues at the border has also come under scrutiny. In 2021, images of Haitian migrants being mistreated by Border Patrol agents near Del Rio, Texas, sparked widespread outrage. The administration’s response to the crisis—deporting thousands of Haitian migrants without giving them the opportunity to apply for asylum—drew sharp criticism from human rights organizations(The National Law Review)
Moreover, the administration has been criticized for continuing to rely on Title 42, a public health order that allows for the rapid expulsion of migrants without a formal asylum hearing, originally implemented during the COVID-19 pandemic. Despite campaign promises to end this policy, the administration extended its use, citing the ongoing public health emergency(BIG Immigration Law Blog)
This has been seen by many as a betrayal of the administration’s pledge to restore a fair and humane immigration system.
5. Failure to Address Root Causes of Migration
While the Biden-Harris administration made efforts to address the root causes of migration from Central America, such as poverty, corruption, and violence, these initiatives have so far shown limited results. The administration allocated billions of dollars in aid to Central American countries to improve conditions and reduce the push factors that drive migration. However, the implementation of these programs has been slow, and the continued instability in the region has contributed to the ongoing migration crisis(VisaPlace,The National Law Review)
Critics argue that while the administration’s focus on addressing the root causes of migration is a step in the right direction, it has not been enough to curb the record numbers of migrants attempting to cross the border. Additionally, the effectiveness of these initiatives remains uncertain, given the deeply entrenched issues in the region.
6. Overstretched Immigration Courts
The administration has faced criticism for failing to adequately address the overwhelmed immigration court system. Immigration courts are currently facing unprecedented backlogs, with cases often taking years to resolve. Despite promises to increase the number of immigration judges and streamline the process, the Biden administration has not been able to significantly reduce the backlog(The National Law Review)
This delay has resulted in a system where immigrants, including asylum seekers and those facing deportation, must wait extended periods for their cases to be heard, further exacerbating the challenges in the U.S. immigration system.
Conclusion
While the Biden-Harris administration entered office with ambitious plans for immigration reform and humane policies, their efforts have been marred by several significant failures. The administration’s inability to effectively manage the border crisis, reduce asylum backlogs, and pass comprehensive immigration reform has left both undocumented and legal immigrants in limbo. Although the administration has made strides in reversing some of the Trump-era policies and addressing root causes of migration, the challenges remain daunting, with no clear resolution in sight. Balancing humanitarian goals with the realities of managing immigration remains a complex and contentious issue for the administration going forward.