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Are Biden’s Immigration Policies Set to Persist Under a Harris Presidency?

Vice President Kamala Harris

On July 16, the Democratic Platform Committee ratified the 2024 party platform, which largely reflects President Biden’s policies on immigration, as Kamala Harris was not formally confirmed as the presidential candidate until August 2. Consequently, the platform’s immigration stance is more indicative of Biden’s views rather than Harris’s.

Harris has been remarkably reticent, avoiding news conferences or interviews that could have clarified her stance on the immigration policies outlined in the platform. This silence suggests that if the platform committee approved the immigration section, it is likely due to a continued support for Biden’s policies by Harris.

Kamala Harris’s silence on the platform’s immigration stance suggests continued support for Biden’s policies

If Democrats win the upcoming elections, it appears likely that the current immigration policies, which have contributed to the border crisis and overwhelmed the asylum system, will persist. The platform lauds Biden’s efforts in reducing illegal border crossings and reuniting nearly 800 children separated under Trump. However, this reduction is partly due to cooperation from the Mexican government, and the administration still struggles with missing children. According to the DHS inspector general, about 32,000 unaccompanied migrant children have failed to attend their immigration hearings from fiscal 2019 to 2023.

The Democratic platform claims that the Senate Border Act of 2024 represents the most robust border security reforms in decades, though it failed to pass due to Republican opposition. Kamala Harris has promised to revive and sign this bill into law, but critics label it as ineffective, arguing it fails to address the factors that led to record illegal border crossings.

The bill would not resolve issues like the “catch-and-release” policy, which has seen over 5.4 million illegal crossers released into the U.S., nor would it halt the CBP One mobile app program that has allowed nearly 250,000 migrants to schedule port entry interviews.

Despite Democratic claims of striving for efficient asylum processing and prompt removal of those without valid claims, the immigration court backlog—over 3.7 million cases as of late July—shows no signs of easing. The Senate bill proposes presidential emergency powers to expel migrants crossing unlawfully without processing, but Biden already has similar authority, exercised in June with an executive order limiting illegal border crossings.

Additionally, the administration’s humanitarian parole program for migrants from specific countries, including Cuba, which is a State Sponsor of Terrorism, faces issues with fraud and improper use.

Lastly, the platform advocates for a path to citizenship for undocumented individuals, but such comprehensive legalization has not been achieved since the 1986 Immigration Reform and Control Act. If Democrats prevail, substantial shifts in immigration policy seem unlikely.

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