This Issue: The unsecured U.S. southern border continues to receive a lot of attention but very little is being done to stem illegal immigration. This 4th, let's remember that We the People determine the outcome of U.S. immigration policy.

At this point it is clear that the Biden Administration is actively incentivizing and rewarding illegal immigration, and DHS Secretary Alexandro Mayorkas has brazenly declared that he will dictate who is subject to immigration law -- law he will interpret in defiance of Congress.

It's unclear what long-term effects Biden's border policies will have -- and the Administration is also looking to loosen grounds for granting asylum (again contrary to statutory law) and to boost guest worker admissions. A lot will depend on the midterm elections and the 2024 presidential contest. President Biden's lax border policies are unpopular with voters, and Vice President Harris' recent trip to El Paso, Texas did little to convince Americans that the administration is taking the crisis seriously.

A Harvard-Harris poll this week found that 80% of registered voters think illegal immigration is a serious problem and 55% want Pres. Trump's border policies back in place. Rasmussen's weekly Immigration Index shows the same discontent among likely voters.

As bad as things are relating to border security and interior enforcement (and things are very bad indeed), there are some bright spots shining through. The fraud-ridden EB-5 investor visa program expired at the end of June. This is the same program Sec. Mayorkas was found to have corruptly administered while he was head of USCIS under Pres. Obama. While EB-5 could be renewed, potentially through a budget reconciliation bill, there is strong Republican opposition to the program, making it more difficult to sneak it through Congress.

Also this week, the Supreme Court ruled that illegal aliens who renter the U.S. after having been previously removed are not entitled to be released while they apply for "withholding of removal." The Supreme Court over recent years, when ruling on the merits of the case, has rejected arguments that aliens have rights not granted to them under existing immigration statutes. That's because Congress has the sole authority to determine immigration law and when the law is clearly stated the Court rejects challenges to it.

However, the Supreme Court cannot compel the executive branch to faithfully execute laws passed by Congress as required by the Constitution. That is Congress' responsibility, and ultimately ours as citizens who elect Members of Congress to represent our interests. Photo ops and news conferences at the border demanding enforcement are not sufficient. When it comes to preventing illegal immigration, the best solution is to turn off the magnet in the U.S., and that means implementing mandatory E-Verify. Any politician who doesn't support that as the first step to fixing the problem isn't interested in fixing the problem.

With apprehensions at a 20-year high, the public health and safety threats facing Americans, and the economic hardships imposed upon American workers and taxpayers, are clearly evident. However, this is nothing new. It's been ongoing for the last 30 years. No question Pres. Biden has made things much worse at the border, but any effective and lasting change must come through legislative action that targets criminal employers in the U.S. who hire illegal aliens, and electing a Congress that doesn't allow an executive to blatantly disregard immigration law.

(See a great article by Pedro Gomez about the failure of IRCA and California's Prop 187 here.)

Let us all remember on this Independence Day the great privilege we share as citizens of this great nation, and that our end goal is an immigration system that is in the best interest of our fellow Americans.

Happy Fourth of July To You All!

Eric Ruark, Director of Research