Imagine, if You Can, the Desperate Plight of Refugees at our Southern Border, Part 3

Jessica Clark • October 26, 2021

The Biden Administration’s Attempts to Right Injustices Against Asylum Seekers

Crowd welcoming asylum seekers. Photo: John Englart via Flickr, CC BY-SA 2.0


Roughly 60,000 asylum seekers, some waiting for as long as a year and a half, were sent back to Mexico to await a hearing date held at four different designated United States locations in Mexican tents under the former administration’s so-called MPP or Remain in Mexico policy, implemented in January 2019.

 

Some have to travel by bus to hearing centers in those distant Mexican cities; sometimes they take their families because they fear being separated. MPP required that asylum seekers be physically present in the United States for an immigration court hearing, but under MPP, with pandemic protocols, asylum seekers were also prevented from entry into the United States and those Mexican tent courts are presently closed due to covid-19.

 

Some 25,000 individuals with active cases in the asylum seekers program were deported or chose to return to their home country. Lawyers have crushing caseloads. Despite a dozen new immigration judges hired since President Biden took office, data from the nonprofit research organization, Transactional Records Access Clearinghouse (TRAC), reports that 126,911 new immigration court cases were added so far in fiscal year 2021; only 68,260 cases, however, have been completed.

 

The total number of backlogged cases is now 1,337,372. “In general, the number of cases from the Department of Homeland Security into the court system just continues to dramatically outpace what immigration judges are able to complete,” TRAC lead researcher Austin Kocher stated. 

 

On Inauguration Day and in the first days of the administration, President Biden and Vice President Harris were ready to dismantle some of the prior administration’s immigration policies. After the inauguration, the president returned to the Oval Office and signed two executive orders, out of 17, taking major steps to dismantle the past administration’s immigration policies.

 

Deportations were paused for 100 days and new enrollments in the MPP policy were stopped. Karen Tumlin, founder of the Justice Action Center, an organization providing legal aid to immigrants, called the step to end MPP, “Huge. It confirms the Biden-Harris commitment to restoring dignity to our asylum system. Here’s to the next, critical steps to remedy the inhumane impacts of this shameful program!” In February, some asylum seekers were allowed into the United States.

 

Biden is moving cautiously to confront the most intractable immigration issues by creating a task force reuniting migrant children separated from their families, rebuilding a working asylum system, and restoring opportunities for foreign workers and students to enter the country.

 

The effort to locate parents and children separated in the summer of 2018 will take months, if not years, The New York Times reported in February 2021. In about 300 cases, officials are still searching for deported parents — in some instances, combing through remote areas of Central America.

 

Also in February, Alejandro Mayorkas, Department of Homeland Security secretary overseeing Customs and Border Protection, Immigration, and Customs Enforcement, and the U.S. Citizenship and Immigration Services, stated to National Public Radio host, Rachel Martin, “…we are building a program to prioritize individuals who entered the Remain in Mexico program … according to the date on which they first entered the program.” He proposed $4 billion to address the problems causing people to flee their home countries in the first place, to invest in their countries of origin, and to equip them with the infrastructure and capabilities to address the violence, the economic desperation, and the corruption that causes so many people to flee.

 

The president of the United States, in consultation with Congress, determines the number of refugee admissions each year. In fiscal 2016, the U.S. admitted nearly 85,000 refugees. Fewer than 54,000 refugees were admitted in fiscal 2017, after President Trump reduced the cap via executive order. And then covid-19 appeared and the southern border was closed. For fiscal 2020, which ended in September, the limit was 18,000, the lowest it has been since the passage of the Refugee Act of 1980.

 

Thousands more asylum seekers from Latin America continue pushing their way toward Mexico because they hope it will be easier to enter the United States under the Biden administration. There is progress and hope. 

 

 

Sources:

“Backlog at U.S. immigration courts getting worse, new research finds,” Border Report, Sandra Sanchez, June 15, 2021.

https://www.borderreport.com/hot-topics/immigration/backlog-at-u-s-immigration-courts-getting-worse-new-research-finds/

 

“Migrant encounters at U.S.-Mexico border are at a 21-year high,” Pew Research Center, John Gramlich, Aug. 13, 2021.

https://www.pewresearch.org/fact-tank/2021/08/13/migrant-encounters-at-u-s-mexico-border-are-at-a-21-year-high/

 

“Detentions of Child Migrants at the U.S. Border Surges to Record Levels,” The New York Times, Pauline Villegas, Nov. 5, 2019.

https://www.nytimes.com/2019/10/29/world/americas/unaccompanied-minors-border-crossing.html

 

“Disabled migrant girl whose father carried her most of the journey from Honduras allowed to seek care in U.S.,” Border Report, Sandra Sanchez, May 10, 2021.

https://www.borderreport.com/hot-topics/immigration/disabled-migrant-girl-whose-father-carried-her-most-of-the-journey-from-honduras-allowed-to-seek-care-in-u-s/

 

“Photo of Drowned Migrants Captures Pathos of Those Who Risk It All,” The New York Times, Azam Ahmed and Kirk Semple, June 25, 2019.

https://www.nytimes.com/2019/06/25/us/father-daughter-border-drowning-picture-mexico.html

 

 

Read Part 1 and Part 2 of this series.

 

 

Jessica Clark is a graduate of the University of Maryland School of Journalism. After a 30-year career as a Public Information Specialist and photojournalist for several federal government agencies in Washington, D.C., she retired to Georgetown, Delaware. She restored former Governor John Collins’ 1790s home on Collins Pond, volunteers for and promotes several nonprofits in local newspapers, teaches English as a Second Language in James H. Groves Adult High School, and is a Sussex County Master Gardener.

 

Common Sense for the Eastern Shore

By Friends of Megan Outten July 29, 2025
Megan Outten, a lifelong Wicomico County resident and former Salisbury City Councilwoman, officially announced her candidacy recently for Wicomico County Council, District 7. At 33, Outten brings the energy of a new generation combined with a proven record of public service and results-driven leadership. “I’m running because Wicomico deserves better,” Outten said. “Too often, our communities are expected to do more with less. We’re facing underfunded schools, limited economic opportunities, and years of neglected infrastructure. I believe Wicomico deserves leadership that listens, plans ahead, and delivers real, measurable results.” A Record of Action and A Vision for the Future On Salisbury’s City Council, Outten earned a reputation for her proactive, hands-on approach — working directly with residents to close infrastructure gaps, support first responders, and ensure everyday voices were heard. Now she’s bringing that same focus to the County Council, with priorities centered on affordability, public safety, and stronger, more resilient communities. Key Priorities for District 7: Fully fund public schools so every child has the opportunity to succeed. Fix aging infrastructure and county services through proactive investment. Keep Wicomico affordable with smarter planning and pathways to homeownership. Support first responders and safer neighborhoods through better tools, training, and prevention. Expand resources for seniors, youth, and underserved communities. Outten’s platform is rooted in real data and shaped by direct community engagement. With Wicomico now the fastest-growing school system on Maryland’s Eastern Shore — and 85% of students relying on extra resources — she points to the county’s lagging investment as a key area for action. “Strong schools lead to strong jobs, thriving industries, and healthier communities,” Outten said. “Our schools and infrastructure are at a tipping point. We need leadership that stops reacting after things break — and starts investing before they do.” A Commitment to Home and Service Born and raised in Wicomico, Megan Outten sees this campaign as a continuation of her lifelong service to her community. Her vision reflects what she’s hearing from neighbors across the county: a demand for fairness, opportunity, and accountability in local government. “Wicomico is my home; it’s where I grew up, built my life, and where I want to raise my family,” Outten said. “Our county is full of potential. We just need leaders who will listen, work hard, and get things done. That’s what I’ve always done, and that’s exactly what I’ll continue to do on the County Council.” Outten will be meeting with residents across District 7 in the months ahead and unveiling more details of her platform. For more information or to get involved, contact info@meganoutten.com
By John Christie July 29, 2025
Way back in 1935, the Supreme Court determined that independent agencies like the Consumer Product Safety Commission (CPSC), the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) do not violate the Constitution’s separation of powers. Humphrey’s Executor v. United States (1935). Congress provided that the CPSC, like the NLRB and MSPB, would operate as an independent agency — a multi-member, bipartisan commission whose members serve staggered terms and could be removed only “for neglect of duty or malfeasance in office but for no other cause.” Rejecting a claim that the removal restriction interferes with the “executive power,” the Humphrey’s Court held that Congress has the authority to “forbid their [members’] removal except for cause” when creating such “quasi-legislative or quasi-judicial” bodies. As a result, these agencies have operated as independent agencies for many decades under many different presidencies. Shortly after assuming office in his second term, Donald Trump began to fire, without cause, the Democratic members of several of these agencies. The lower courts determined to reinstate the discharged members pending the ultimate outcome of the litigation, relying on Humphrey’s , resulting in yet another emergency appeal to the Supreme Court by the administration. In the first such case, a majority of the Court allowed President Trump to discharge the Democratic members of the NLRB and the MSPB while the litigation over the legality of the discharges continued. Trump v. Wilcox (May 22, 2025). The majority claimed that they do not now decide whether Humphrey’s should be overruled because “that question is better left for resolution after full briefing and argument.” However, hinting that these agency members have “considerable” executive power and suggesting that “the Government” faces greater “risk of harm” from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty,” the majority gave the President the green light to proceed. Justice Kagan, joined by Justices Sotomayor and Jackson, dissented, asserting that Humphrey’s remains good law until overturned and forecloses both the President’s firings and the Court’s decision to award emergency relief.” Our emergency docket, while fit for some things, should not be used to “overrule or revise existing law.” Moreover, the dissenters contend that the majority’s effort to explain their decision “hardly rises to the occasion.” Maybe by saying that the Commissioners exercise “considerable” executive power, the majority is suggesting that Humphrey’s is no longer good law but if that is what the majority means, then it has foretold a “massive change” in the law and done so on the emergency docket, “with little time, scant briefing, and no argument.” And, the “greater risk of harm” in fact is that Congress provided for these discharged members to serve their full terms, protected from a President’s desire to substitute his political allies. More recently, in the latest shadow docket ruling in the administration’s favor, the same majority of the Court again permitted President Trump to fire, without cause, the Democratic members of another independent agency, this time the Consumer Product Safety Commission (CPSC). Trump v. Boyle (July 23, 2025). The same three justices dissented, once more objecting to the use of the Court’s emergency docket to destroy the independence of an independent agency as established by Congress. The CPSC, like the NLRB and MSPB, was designed to operate as “a classic independent agency.” In Congress’s view, that structure would better enable the CPSC to achieve its mission — ensuring the safety of consumer products, from toys to appliances — than would a single-party agency under the full control of a single President. “By allowing the President to remove Commissioners for no reason other than their party affiliation, the majority has negated Congress’s choice of agency bipartisanship and independence.” The dissenters also assert that the majority’s sole professed basis for the more recent order in Boyle was its prior order in Wilcox . But in their opinion, Wilcox itself was minimally explained. So, the dissenters claim, the majority rejects the design of Congress for a whole class of agencies by “layering nothing on nothing.” “Next time, though, the majority will have two (if still under-reasoned) orders to cite. Truly, this is ‘turtles all the way down.’” Rapanos v. United States (2006). * ***** *In Rapanos , in a footnote to his plurality opinion, former Supreme Court Justice Scalia explained that this allusion is to a classic story told in different forms and attributed to various authors. His favorite version: An Eastern guru affirms that the earth is supported on the back of a tiger. When asked what supports the tiger, he says it stands upon an elephant; and when asked what supports the elephant, he says it is a giant turtle. When asked, finally, what supports the giant turtle, he is briefly taken aback, but quickly replies "Ah, after that it is turtles all the way down." John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes.
By Shore Progress, Progessive Maryland, Progressive Harford Co July 15, 2025
Marylanders will not forget this vote.
Protest against Trumpcare, 2017
By Jan Plotczyk July 9, 2025
More than 30,000 of our neighbors in Maryland’s first congressional district will lose their health insurance through the Affordable Care Act and Medicaid because of provisions in the GOP’s heartless tax cut and spending bill passed last week.
Farm in Dorchester Co.
By Michael Chameides, Barn Raiser May 21, 2025
Right now, Congress is working on a fast-track bill that would make historic cuts to basic needs programs in order to finance another round of tax breaks for the wealthy and big corporations.
By Catlin Nchako, Center on Budget and Policy Priorities May 21, 2025
The House Agriculture Committee recently voted, along party lines, to advance legislation that would cut as much as $300 million from the Supplemental Nutrition Assistance Program. SNAP is the nation’s most important anti-hunger program, helping more than 41 million people in the U.S. pay for food. With potential cuts this large, it helps to know who benefits from this program in Maryland, and who would lose this assistance. The Center on Budget and Policy Priorities compiled data on SNAP beneficiaries by congressional district, cited below, and produced the Maryland state datasheet , shown below. In Maryland, in 2023-24, 1 in 9 people lived in a household with SNAP benefits. In Maryland’s First Congressional District, in 2023-24: Almost 34,000 households used SNAP benefits. Of those households, 43% had at least one senior (over age 60). 29% of SNAP recipients were people of color. 15% were Black, non-Hispanic, higher than 11.8% nationally. 6% were Hispanic (19.4% nationally). There were 24,700 total veterans (ages 18-64). Of those, 2,200 lived in households that used SNAP benefits (9%). The CBPP SNAP datasheet for Maryland is below. See data from all the states and download factsheets here.
Show More