The Immigration System Invites Abuse, so Why Wouldn't Migrants Exploit It?

By Daily Editorials

May 11, 2023 4 min read

The catastrophe that is the U.S. immigration system is the product of ineptitude by a long succession of Democratic and Republican administrations and congresses, including the current ones. Each blames the other for failing to act, then each stands in the way whenever the other tries to act. But the problem also is rooted in massive abuse by the very people claiming to seek asylum in this country. With pandemic-era restrictions being lifted this week, abusers will join legitimate asylum seekers in a mass border swarm of potentially record-breaking proportions.

Those fleeing war and oppression in countries like Ukraine and Afghanistan have legitimate reasons to seek asylum under international law. Typically, neighboring states are the primary destination to seek refuge for people simply trying to save their own lives. Others face religious or political persecution, which also are claims protected under the law.

What isn't protected is the quest for a "better life." Economic hardship, while lamentable and fully understandable as a motive for migrating, does not constitute legal grounds for asylum in this country. If it did, the border wouldn't be seeing the mere tens of thousands now preparing to cross, but more like millions from around the world. Those currently flooding the border area are dominated by migrants from regional economic basket cases like Venezuela and Haiti. Some credibly face persecution at home, but the rest aim to exploit the asylum system to access the far-better economic conditions the United States has to offer.

Migrants are being coached by smuggling groups to surrender immediately upon touching U.S. soil and to claim asylum even if they know they don't have a legally sustainable claim. The U.S. immigration court system is so overwhelmed — largely because Congress has failed to adequately fund and staff it — that migrants know they will be allowed to remain in the United States for years until their cases come up for legal review. It typically means a five-year grace period for them to work and earn money before being deported. Who among the world's desperate, poverty-stricken population wouldn't want to at least give it a try?

Their motivation is hard to argue with, but it's an abuse nonetheless. Republicans in Congress are blaming the Biden administration for failing to manage the problem, just as Democrats blamed the Trump administration before. And before that, it was the Obama administration's fault. And so on, going all the way back to Ronald Reagan's presidency.

It's up to Congress not only to pass more effective immigration laws but also to fully fund the immigration court system so that bogus asylum cases can be processed more quickly. The obvious weaknesses in the system are what make it so vulnerable to abuse. The political blame game not only won't solve the problem, it only promises to make the border crisis worse.

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Photo credit: 652234 at Pixabay

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