On border policy, Biden takes a harder line

On the campaign trail, then-candidate Joe Biden promised to reform the country’s immigration system by undoing many of the policies put in place by former President Donald Trump. 

Now, more than two years into President Biden’s term, his administration is reportedly considering reinstating the practice of detaining families that cross the U.S. border illegally – a policy Mr. Biden previously criticized and that his administration had largely ended. The Department of Homeland Security has been relying on alternative approaches, such as allowing families to enter the country with tracking devices while their immigration cases move forward. 

The potential reversal suggests that President Biden, like many of his predecessors, is struggling with how to balance order with compassion at the U.S.-Mexico border. 

Many experts say it also reflects growing concerns in the administration about the looming rollback of Title 42, another Trump-era immigration policy that is set to expire in May. 

“It’s not a surprise to me that the Biden administration has taken a rightward shift,” says Brad Jones, an immigration policy expert at the University of California, Davis. Once Title 42 lifts, “we’re going to see an increase [of migrants] like we’ve never seen before. … I think the Biden administration is really scrambling as to what to do.”

On the campaign trail, then-candidate Joe Biden promised to reform the country’s immigration system by undoing many of the policies put in place by former President Donald Trump. It is possible to have a “fair and just” system that reflects America’s values and welcomes migrant families, Mr. Biden argued.

Now, more than two years into President Biden’s term, his administration is reportedly considering reinstating the practice of detaining families that cross the U.S. border illegally – a policy Mr. Biden previously criticized and that his administration had largely ended, transitioning three family detention centers into facilities for single adults. The Department of Homeland Security has been relying on alternative approaches for families, such as allowing them to enter the country with ankle monitors or other tracking devices while their immigration cases move forward. 

While family detentions became a controversial focal point of the Trump administration, the policy predates the Republican president. The South Texas Family Residential Center in Dilley – the largest detention center in the country – actually opened under former President Barack Obama. 

President Biden’s potential policy reversal on family detentions suggests that he, like many of his predecessors, is struggling with how to balance order with compassion at the U.S.-Mexico border. Particularly when it comes to children.

The 2022 fiscal year set a record for migrant encounters, with more than 2.7 million documented nationwide, according to data from Customs and Border Protection, although the number of unique individuals apprehended is almost certainly less because some migrants attempt the crossing multiple times.