Democrats 'Disappointed' With Biden's Newest Border Policy

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Several Democratic members of Congress expressed disappointment with reports the Biden administration planned to reinstate a Trump-era policy detaining undocumented migrants and their families amid spiking levels of illegal border crossings in recent months.

This week, several media outlets reported the Biden administration was considering reviving the practice just two years after shutting it down in an apparent effort to reduce soaring incidences of undocumented crossings in the past year.

Entering the midterm election cycle last autumn, illegal border crossings were nearly three times higher under Biden than they were under Trump, while red-state bussing programs have resulted in unsustainable levels of undocumented migrants arriving in poorly-prepared jurisdictions like New York City, whose mayor recently described the crisis as a potential threat to public safety.

Joe Biden's border policy
US President Joe Biden speaks with a member of the US Border Patrol as they walk along the US-Mexico border fence in El Paso, Texas, on January 8, 2023. Biden went to the US-Mexico border... Jim Watson/AFP/Getty

Biden administration officials like Department of Homeland Security Director Alejandro Mayorkas have also faced calls from Republicans to resign over their handling of the crisis, putting Biden in an increasingly tenuous position leading up to the 2024 presidential election.

"I think the Biden administration's immigration policy has been an utter disaster," Texas Republican Senator Ted Cruz told Newsweek. "In two years, they have produced the worst crisis at our southern border in the history of our nation, over five and a half million illegal aliens."

The reasons, Cruz said, resulted from the halting construction of the border wall and withdrawing from the "enormously successful" Remain in Mexico agreement as well as his administration's inability to maintain the Trump-era Title 42 policy, which allowed DHS to turn away asylum seekers under the guise of the COVID-19 pandemic.

El Paso
Immigrants sit outside a migrant shelter on January 08, 2023, in El Paso, Texas. President Joe Biden visited El Paso this year, his first visit to the border since he became president two years before.... John Moore/Getty Images

All of those factors together have forced Biden to pursue other means to address the crisis.

"Whatever it takes to secure the border," West Virginia Democrat Joe Manchin, who has expressed vocal concern over the state of the border, told Newsweek. "The border is a mess—It's a disaster. So, I'm supporting anything we can to get control of that border and secure it."

Those solutions, however, have proven unpopular among some members of his own party, which remains divided between its commitment to progressive border reforms Biden pledged as a candidate and the increasing pressure from Republican colleagues to address the crisis.

A Move In Which Direction?

Some of Biden's recent policy changes—including a policy crackdown last month that could disqualify a vast majority of migrants from being able to seek asylum at the southern border—closely resemble some of those previously implemented by the Trump administration, raising protests from some party members who believed Biden was moving backward on immigration—particularly after Trump's migrant detention program resulted in the separation of thousands of migrant children from their parents despite a prior commitment from the former President to keep families who illegally crossed the border together after they were processed by DHS.

"It's very disappointing," Democratic Senator Alex Padilla of California, a member of the Committee on Homeland Security and Governmental Affairs, told Newsweek in response to Biden's policies. "We shouldn't be going backwards. It didn't make sense under Trump. It's not going to make sense here."

"This administration ended family detention. They were right then and they'd be wrong to go back to it now," Democratic Senator Bob Menendez of New Jersey, chair of the Foreign Relation Committee, told Newsweek. "As the president said in the past, it's inhumane, and it is a relic of the Trump administration's policies."

The detention policy, however, earned praise from some members of the Senate like Republican Senator James Lankford of Oklahoma, the ranking Republican on the Homeland Security and Governmental Affairs Subcommittee on Border Management, who called Biden's proposed policy change "entirely reasonable" if families are kept together.

"That's done for every other entity or group," Lankford told Newsweek. "It's not unreasonable to be able to say that if they committed an illegal act together that they're maintained. He's not talking about family separation. He's talking about how we actually maintain some sort of order. Quite frankly, prosecuted individuals are getting the opportunity to be able to apply for asylum but also having an expedited process is more than reasonable thing to do."

About the writer

Nick Reynolds is a senior politics reporter at Newsweek. A native of Central New York, he previously worked as a politics reporter at the Charleston Post & Courier in South Carolina and for the Casper Star-Tribune in Wyoming before joining the politics desk in 2022. His work has appeared in outlets like High Country News, CNN, the News Station, the Associated Press, NBC News, USA Today and the Washington Post. He currently lives in South Carolina. 

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Alex J. Rouhandeh serves as a special correspondent for Newsweek and is currently working toward his Master of Arts within the politics concentration at Columbia University's Graduate School of Journalism where he serves as the school's student representative in the University Senate and the Student Leadership Advisory Council of the Columbia Alumni Association.

Previously, he served as Newsweek's congressional correspondent, reporting from Capitol Hill and the campaign trail. Over his tenure with Newsweek, Alex has covered the speakership of Mike Johnson, the ouster of former Speaker Kevin McCarthy, the midterm elections of 2022, the Russo-Ukrainian War, and other key congressional stories of the Biden presidency.

Alex additionally provides coverage of Newsweek ownership and has produced investigative reporting on legal troubles facing the Olivet Assembly, a religious entity to which Newsweek's two owners formerly held ties.

Prior to covering Congress, Alex reported on matters of U.S. national security, holding press credentials for both the U.S. Capitol and the Department of Defense. Before joining Newsweek, Alex wrote for The American Prospect, Vice News, WDIV-TV NBC Local 4 News in Detroit, and other regional outlets.

His entry into the media industry began at Syracuse University where he majored in magazine journalism and produced award-winning coverage of the U.S.-Mexico border. At Syracuse, Alex also completed majors in policy studies as well as citizenship & civic engagement and was recognized as a Remembrance Scholar, one of the university's highest honors.

Alex was selected by the National Press Foundation to serve as a Paul Miller Washington Reporting fellow in 2024. He holds memberships with the National Press Club in Washington, D.C., the Society of Professional Journalists (SPJ), and the Investigative Reporters & Editors (IRE) organization.

Contact Alex with tips and feedback at a.rouhandeh@newsweek.com, and stay updated on his reporting by following him on social media at @AlexRouhandeh.


Nick Reynolds is a senior politics reporter at Newsweek. A native of Central New York, he previously worked as a ... Read more