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United States: immigration, an issue that divides the new Congress

Published January 3, 2023, 10:03 am

Joe Biden has six months to find a solution to the migration crisis. Between Christmas and New Year’s, the Supreme Court extended the rule allowing the deportation of applicants to the border with Mexico. A provision – called “Title 42” – taken by Donald Trump at the time of the Covid crisis, which authorizes the United States to repatriate migrants without examining their asylum request.

A hasty provision, criticized by the Democrats because it penalizes migrants oppressed in their country, but who know at the same time that its abolition will aggravate the situation in the short term: the services will be overwhelmed by the paperwork to be processed. The flows are already gigantic: in the year 2022 (closed at the end of September) 2.2 million arrests were made – candidates for passage, knowing that they “only” risk expulsion, increase their attempts. And the pace is not slowing down: more than 200,000 arrests were recorded in October and then November.

Supreme Court justices will refine their arguments in February or March before issuing a formal ruling, likely in early summer. “The Court won’t rule before June, but the time has come,” judged Joe Biden. “Title 42 is a public health measure, not an immigration enforcement measure, and should not be extended indefinitely,” the White House spokeswoman said. “Congress must pass comprehensive immigration reform,” she added, calling on Republicans to “get over the political charges.”

political weapon

The topic is one of the most controversial in Congress and one of the Republicans’ main political weapons against the Biden administration. For the past two years, Democrats haven’t had a large enough majority to pass reform. With a House of Representatives now majority Republican, matters get even more complicated, with few pundits predicting the course of a review.

The showdown at the Mexican border also has an impact on other migration issues, such as the relaxation of labor immigration rules and the arrival of foreign students. Businesses and representatives of universities, who multiply the proposals – raising the ceilings, increasing the prices of visas to finance the clearing of stocks of files… – are annoyed by the blockades.

“There’s a recurring argument for attracting and retaining international talent,” recalls Toby Smith of the Association of American Universities (AAU). “We made recommendations as soon as the new administration took over and we are focusing on highly qualified foreign students, but Congress does not want to initiate any reforms. The Republicans want to talk about the border with Mexico, so this complicates our file, ”he underlines with regret.

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