This Issue: Proposed policy changes could lead to an even worse border crisis

Border Patrol apprehensions along the Southwest border are expected to exceed 1 million through the first six months of FY2022 -- nearly three times the number of total apprehensions for the first six months of FY2021. But if the Biden Administration moves forward with two significant changes to its already lax border policy, we could see an unprecedented surge of illegal border crossings over the coming months.

Last week, the administration began the process of finalizing a rule that would allow illegal aliens who qualify for expedited removal to claim asylum and bypass removal proceedings altogether.

Under current policy, if an illegal border crosser is apprehended within 14 days of entering the country and 100 miles of the border, the alien is subject to expedited removal. In most cases, the alien subject to expedited removal is ordered removed without a hearing or an opportunity to appeal. Should the alien claim a credible fear of being returned to their home country (the first step in the asylum process), the alien is placed into formal removal proceedings and must appear before an immigration judge.

However, under the proposed rule, the alien would bypass the formal removal proceedings and instead be referred to an asylum officer if they receive a positive credible fear determination. Then, the asylum officer, not an immigration judge, would make a final determination on their asylum claim, and if approved, the alien would be eligible for a green card in as little as one year.

If this rule is implemented, we can expect the border crisis to worsen significantly as word spreads of the sped up process.

But that's not the only proposed change that would exacerbate the border crisis.

The Biden Administration announced this week that it also intends to end the Title 42 border policy. The policy, which was first implemented by the Trump Administration, allows Border Patrol to immediately remove most illegal border crossers because of the COVID-19 pandemic.

The administration has scaled down the use of Title 42, exempting Unaccompanied Alien Children and Family Units and applying it primarily to single adult males. Still, the continued use of Title 42 has led to tens of thousands of illegal border crossers being turned away over the last several months.

But without Title 42 in place, it's safe to assume that the Biden Administration will release most illegal border crossers into the country, likely leading to an even worse surge of illegal crossings.

It's interesting that the Biden Administration is planning to make changes to existing policy that would lead to even more illegal border crossings just 7 months from the midterm elections. But given the lack of mainstream media coverage of the border crisis, many voters may not even be made aware of the impacts of these policy changes.

Chris Chmielenski NumbersUSA Deputy Director