Fixing the Border Crisis “on Day One”

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Fixing the unmitigated disaster that has taken place at the U.S.-Mexico border over the past four years will likely take at least some cooperation from Congress. But just as Joe Biden acted unilaterally to undo former President Donald Trump’s immigration policies, Trump would have the power to begin restoring border security soon after taking office should he win this November.

Here are eight key actions on the border that Americans might expect early on in a second Trump administration.

Restore “Remain in Mexico”

One of the most successful Trump border policies – and one of the first to go under Joe Biden – was “Remain in Mexico,” officially the Migrant Protection Protocols (MPP). This policy required individuals claiming asylum at the U.S.-Mexico border to wait in Mexico for the duration of their immigration proceedings rather than entering and staying in the United States.

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In February 2021, Joe Biden ended Remain in Mexico, replacing it instead with “catch-and-release.” Now, migrants claiming asylum are released into the interior of the United States until their court dates – which are sometimes set up to 10 years or more in the future.

Perhaps more than any other single policy, the Biden-Harris catch-and-release scheme has directly contributed to the explosion of illegal aliens inside the United States. Unsurprisingly, asylum claims have skyrocketed, as the entire world now knows that all one has to do to gain entry into the United States is cross the border illegally and claim asylum – no matter how legitimate those claims are.

Reimplementing Remain in Mexico would send a signal to the world that the Biden-Harris asylum free ride is over. It would also immediately stop the flood of migrants entering the country via fraudulent asylum claims.

Reform the Broken Asylum System

Along with reinstituting Remain in Mexico, Trump could also reverse a slate of Biden actions that dramatically relaxed standards for being admitted into the United States under an asylum claim.

Specifically, Trump could reduce the number of asylum seekers allowed in. Last January, for instance, the Biden-Harris administration began granting 30,000 asylum claims per month to migrants from Cuba, Haiti, Venezuela, and Nicaragua – all some of the most dangerous countries in the world. Trump could immediately rescind that order. Trump could also modify asylum eligibility criteria, which Biden has greatly expanded.

Restart Border Wall construction

On day one of his presidency, Biden halted construction of the Southern border wall and canceled contracts for further construction.

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As he did in 2019, Trump could declare a national emergency on the Southern border on day one, unlocking funds for border security, including wall construction. The severity of the current crisis would appear to more than justify such an emergency declaration.

Reactivate Title 42 to combat fentanyl and public health threat.

During the COVID-19 pandemic, Trump invoked Title 42, which allows U.S. authorities to expel migrants quickly at the border during a public health emergency. Another of Biden’s most infamous immigration policies was to end the use of Title 42 last year.

Now, Americans are facing a new kind of public health threat from the border – fentanyl, which killed 200 Americans per day in 2023. Upon taking the oath of office, Trump could quickly invoke Title 42 again, allowing Border Patrol to expel illegal aliens and stop the trafficking of deadly fentanyl into the United States.

A key part of Trump’s re-election platform has been his promise for “the largest mass deportation program in American history.” On day one, Trump could direct Immigration and Customs Enforcement (ICE) to begin removing all illegal aliens with final orders of removal, criminal records, and those caught re-entering the country illegally. Ramping up interior enforcement will serve as a powerful deterrent to would-be illegal aliens.

Designate Mexican drug cartels as Transnational Criminal Organizations

Securing the border will require tough action against the Mexican drug cartels, who fuel both the drug crisis and human trafficking across the border. Designating the Mexican drug cartels as Transnational Criminal Organizations (TCOs) would give the U.S. government more power to freeze cartel assets, impose sanctions, and target cartel leaders for prosecution. Additionally, it would allow U.S. law enforcement agencies to pursue criminal networks more aggressively both inside the U.S. and abroad.

Beyond legal and financial measures, this designation could lay the groundwork for increased military and intelligence operations against the cartels, either in collaboration with the Mexican government or, if necessary, independently.

End the CBP One app parole abuse scheme

In January 2023, the Biden-Harris administration rolled out the CBP One app, which has effectively become a tool for the federal government to parole mass numbers of illegal aliens into the country. Parole is supposed to be granted selectively on a case-by-case basis. The CBP One app has facilitated the entry of more than 170,000 individuals with virtually no vetting.

Furthermore, reporting from the Washington Examiner has found that Mexican cartels are using the app as a tool in their human trafficking operations.

On day one, Trump could end the use of the CBP One app and stop this egregious abuse of the parole system.

Demand cooperation from Mexico

During his first term, Trump successfully worked with Mexico to deploy thousands of troops to its northern and southern borders to control the flow of migrants. Trump achieved this by threatening tariffs on Mexican goods, a move that forced the Mexican government to cooperate on border security. While Biden has abandoned this approach, Trump has indicated he would again force Mexico to help the U.S. protect its border.

With strong political will behind it, these bold actions could quickly reshape the situation at the border and end four years of chaos.

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Kate Schloss is a pen name of a writer living in our nation’s capital.

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