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    • Analyzing the Immigration Policies of Joe Biden and Donald TrumpThe With Pod 2024: The Stakes podcast series provides an in-depth analysis of Joe Biden and Donald Trump's records and policies on immigration, starting with their past actions and differences, to help listeners make informed decisions during the 2024 U.S. presidential election.

      During the 2024 U.S. presidential election, both candidates, Joe Biden and Donald Trump, have actual records in office to examine, and the Why Is This Happening podcast series, With Pod 2024: The Stakes, aims to provide an in-depth analysis of their policies, starting with immigration. Chris Hayes, the podcast host, expressed his frustration with the lack of focus on the candidates' records and past actions during the campaign. He is joined by experts, such as Aaron Reichland Melnick, the policy director of the American Immigration Council, to discuss the immigration policies under each president. The series aims to be analytical and descriptive, not polemical, and will cover various policy areas throughout the campaign. Immigration, a highly controversial and complex issue, is the first topic, and the series will explore the differences between the two candidates' records and policies to help listeners make informed decisions.

    • Trump's Immigration Policy: A Return to Racial Quotas?The Trump administration attempted to limit immigration and favor Europeans through a policy inspired by earlier, racially-charged quotas, but faced challenges due to demographic shifts and lack of demand for European immigrants.

      The Trump administration's immigration policy from 2017 to 2021 was characterized by a restrictionist approach, aiming to reduce immigration and exert more control over the origins of immigrants. This policy drew inspiration from earlier 20th century immigration systems with national origin quotas, which were overtly racial in nature. The Trump administration's goal was to limit immigration and favor immigrants from Europe and educated backgrounds. Key figures like Stephen Miller and Jeff Sessions openly endorsed the 1924 act, which established such quotas. However, the administration faced challenges in implementing this policy due to changing demographics and a lack of demand for mass immigration from Europe. Despite the administration's intentions, the U.S. immigration system has evolved significantly since the 1960s, moving away from racial quotas and toward a family-based system.

    • Trump administration's immigration policies caused lengthy rebuilding processThe Trump administration's reduction of legal immigration led to a lengthy rebuilding process under President Biden, affecting various types of visas and refugee admissions.

      The Trump administration significantly reduced legal immigration through various means, including visa issuance drops, hiring freezes, bans on legal immigration from certain countries and health insurance requirements, and cuts to the refugee program. These actions resulted in a lengthy rebuilding process when President Biden took office. The administration's actions affected multiple types of legal immigration, from family-based and employment-based visas to student visas and refugee admissions. The impact of these changes is still being felt today.

    • The Trump administration's immigration policies created a bureaucratic maze for legal applicants and harsh measures at the borderThe Trump administration's policies led to a complex application process for legal immigrants and controversial border practices, including family separation and long-term detention of children, due to a surge in Central American families seeking asylum.

      During the Trump administration, there was a significant effort to restrict both legal and illegal immigration. In the case of legal immigration, applicants were required to fill out every box on forms, even if it was irrelevant, or risk having their applications denied. This created a bureaucratic maze that made it difficult for people to enter the country legally. At the border, the administration's approach was to deter families from coming by implementing policies like family separation and long-term detention of children. These policies sparked national outrage and were eventually reversed due to public pressure. The context for these actions was a shift in migration patterns starting around 2013, with an increase in families from Central America seeking asylum at the border. This presented new challenges for immigration authorities, leading to the implementation of harsh policies to discourage migration.

    • U.S. border facing challenges processing asylum seekers, leading to 'catch and release'The U.S. immigration system struggles to process asylum seekers due to a lack of resources, resulting in 'catch and release' and controversial family separation policies.

      The U.S. immigration system at the border has been facing significant challenges due to the lack of resources for processing asylum seekers, particularly asylum officers for credible fear interviews in the expedited removal process. This issue came to a head in 2014 when large numbers of families arrived at the border, leading to a backlog and the release of some individuals into the country with a court date, a practice known as "catch and release." The system's failure to keep up with the demand for asylum interviews has led to the use of other methods, such as family separation, to manage the situation. The Obama administration began discussing family separation as an option in response to the influx of families at the border, leading to the implementation of this controversial policy under the Trump administration.

    • The Ineffectiveness of Trump's Family Separation PolicyDespite separating over 5,000 families in 2018, the Trump administration's 'zero tolerance' policy did not deter migrants and caused chaos. 'Remain in Mexico' policy may have contributed to decrease in arrivals, but Mexico's crackdown also played a role.

      The Trump administration's "zero tolerance" policy of separating families at the border in 2018 was based on the assumption that making the journey to the U.S. more difficult would deter people from coming. However, this theory did not hold up in practice. The policy resulted in chaos, with no clear process for reuniting families, and over 5,000 families being separated. Despite this, family unit arrivals spiked after Trump publicly renounced family separation due to international outrage. The administration then implemented the "Remain in Mexico" policy, but it was Mexico's crackdown on border crossings that caused a significant drop in migrant arrivals. The Trump administration claims the success of "Remain in Mexico," but it's likely that multiple factors contributed to the decrease in arrivals.

    • Policies to Deny Access to US during Trump AdministrationThe Trump administration implemented various policies like asylum cooperative agreements, Title 42 expulsions, and Mexico deal to deter migration, but none effectively stopped it.

      During the Trump administration, they implemented various policies aimed at denying people access to the United States, including the asylum cooperative or safe third country agreements with Guatemala, Honduras, and El Salvador. These agreements never effectively stopped migration, as fewer than 1000 people were affected. The ultimate goal was to make the journey to the US impossible due to the harsh conditions and potential harm along the way. The administration also used Title 42, a pandemic health policy, to expel people without allowing them to seek asylum, and reached an agreement with Mexico to turn back migrants from those countries. Despite these efforts, there's no evidence that such cruelty and punishment effectively stops migration.

    • Title 42 led to a surge in border crossings during the Trump and Biden administrationsThe use of Title 42 resulted in a significant increase in border crossings, reaching 15-year highs, due to repeat attempts and policy changes in Mexico.

      During the last months of the Trump administration and the early days of the Biden administration, Title 42, a public health law, was used to expel migrants back to Mexico without due process. This led to a surge in repeat border crossings as smugglers took advantage of the situation, promising multiple attempts for a fee. The result was a significant increase in border crossings, reaching 15-year highs by the end of 2020. The situation worsened when a new Mexican law went into effect, preventing the expulsion of families with young children. Thousands of migrants who had been waiting in Mexico took advantage of this change and crossed the border in large numbers. Overall, Title 42's implementation marked a return to policies of the 1980s and 1990s, and despite various attempts to restrict immigration, it ultimately failed to achieve the desired result.

    • Biden's border policy changes had limited impact on crossingsDespite revoking some Trump-era policies, Title 42 remained the primary border control measure under Biden, leading to record-breaking border crossings due to ongoing enforcement and legal challenges.

      The Biden administration's revocation of certain border policies implemented under the Trump administration, such as third-party repatriation agreements and the Remain in Mexico policy, did not significantly impact border crossings due to the continued enforcement of Title 42. Title 42, a public health emergency provision, became the primary border policy under Biden, and its effectiveness and legality were subject to ongoing litigation. Despite messaging campaigns urging people not to come to the border, the number of border crossings reached record numbers. The discussion highlights the complexity of border policy and the challenges in implementing and enforcing it effectively.

    • Shift in Demographics of Migrants Crossing US-Mexico BorderSince 2021, there's been an increase in migrants from countries like Venezuela and Cuba due to political instability and relaxed visa requirements. The US can't deport them easily, leading to more families crossing the border.

      Ending Title 42 has led to different demographics of migrants crossing the US-Mexico border. Before 2021, Central Americans were the primary issue, but since then, there has been an increase in migrants from countries like Venezuela and Cuba due to political instability and relaxed visa requirements. The key difference is that the US doesn't have repatriation agreements with these countries, making it difficult to deport people once they reach US soil. This issue became more significant as the Venezuelan diaspora grew larger. It's important to note that you cannot deport people to a country against its will. The US cannot fly deportation flights to Venezuela, and commercial air travel is the only option, which is limited. This situation has resulted in more families crossing the border due to the vulnerability of children to deterrence policies, while single adult migrants have decreased. Overall, the demographics and circumstances of migrants have shifted, making the situation at the border more complex.

    • Biden's immigration approach: Title 42 expulsions and humanitarian parole programsThe Biden administration's immigration strategy balances Title 42 expulsions and humanitarian parole programs to reduce border crossings and offer a legal route for asylum seekers. However, the number of border crossings has surged, leading to increased demand for resources and services.

      The Biden administration's approach to immigration at the southern border involves a combination of expulsions under Title 42 and humanitarian parole programs, such as the CHNV parole program for Venezuelans, Cubans, Haitians, and Nicaraguans. This approach aims to reduce the number of people coming to the border while providing an alternative legal avenue for those seeking asylum. However, it's important to note that the number of border crossings has reached record-breaking levels, with many people turning themselves in to access humanitarian protection. This is a significant shift from the past when the majority of border crossers were primarily Mexicans trying to evade arrest and had family or friends in the US. Now, a large number of people are coming from various parts of the world with little to no support system in place, requiring more resources and services upon arrival. The overall situation at the border is complex, but the general trend is a transformation in the demographics and motivations of border crossers.

    • Immigration surge at U.S. border: Factors beyond current administrationOutdated policies, limited legal opportunities, global demand, COVID-19, smuggler networks, and ease of migration contribute to high border crossings. Congressional action is needed for long-term solution.

      The current high volume of Cubans and other immigrants seeking asylum at the U.S. southern border is due to a combination of factors, including outdated immigration policies, limited legal immigration opportunities, and global demand. This situation didn't start under the current administration and has been building for over a decade. The lack of updates to the legal immigration system and humanitarian protection system, along with the COVID-19 pandemic's impact on consulates and visa processing, have created a bottleneck. Smuggler networks have also taken advantage of the situation, making it a self-reinforcing cycle. The ease of migration and the use of social media have also played a significant role. Despite political rhetoric, it's unclear if any single administration can unilaterally stop this trend without congressional action.

    • Border crossings decrease with new administrations, but increases laterBorder crossings decrease when a new administration takes office due to people's wait-and-see attitude, but the lack of resources to process asylum cases leads to an increase in the long term. Cooperation with Mexico is vital in managing migration.

      Border crossings significantly drop when there's a change in administration due to people's wait-and-see attitude. For instance, during Trump's presidency, border crossings hit a 50-year low despite no policy changes. The same pattern occurred when the Biden administration imposed new asylum restrictions. However, the lack of resources to process asylum cases means that denials only happen years later. Consequently, administrations can expect a drop in border crossings initially, followed by a gradual increase. Moreover, cooperation with Mexico is crucial in managing migration, and diplomacy requires more than threats and demands. Mexico, the US's number one trading partner, has shown resistance to such tactics and has its own demands, making a collaborative approach essential.

    • Senators propose bill to address border crisisDespite efforts to pass legislation addressing the border crisis, opposition from both sides and criticism for limiting court roles hindered progress. Legal immigration improvements are ongoing but more work is needed for full functionality.

      The bipartisan group of senators, including Kyrsten Sinema from Arizona, made a serious attempt to address the border crisis through legislation. The proposed bill aimed to hire more asylum officers, immigration judges, and agents, as well as suspend asylum in certain cases and shorten the asylum process. However, the bill faced opposition from both sides, with some conservatives wanting a stricter approach and some Democrats advocating for maintaining the right to seek asylum. The bill also faced criticism for limiting the role of courts in the process. On the topic of legal immigration, the Biden administration has made progress in putting out the fires in the system after the chaotic start under the previous administration. However, the engines aren't fully running yet, indicating that more work is needed to ensure the smooth functioning of legal immigration pathways.

    • US Immigration System Faces Challenges Amid Backlogs and Increasing FeesThe US immigration system is grappling with backlogs and rising fees, with USCIS making progress but hindered by neglected areas. The Biden administration aims to address these issues with funding, but structural problems persist, potentially pushing people to the border.

      The US immigration system is facing significant challenges due to backlogs and increasing fees. USCIS, which is usually fee-funded, has seen a reduction in the overall number of applications pending at the end of 2023, but this progress is hindered by the neglected areas caused by focusing on specific backlogs. The Biden administration is working to address these issues with funding from Congress, but structural problems, such as outdated green card backlogs and long waiting times for certain nationalities, remain. The systemic issues in the legal immigration system can push people to the border as a means of entry, making it essential to consider the border crisis in the broader context of the entire legal immigration system. The Trump and Biden administrations represent different approaches to immigration, with Trump advocating for fewer immigrants and Biden supporting the current or expanding system. The American Immigration Council's Policy Director, Aaron Raichlen Melnick, provided valuable insights into the complexities of the immigration system and its connection to the border crisis.

    • Insights and perspectives on current issues from Chris HayesStay informed and engaged with diverse viewpoints through various media platforms like MSNBC, Twitter, and Substack

      Chris Hayes, a journalist and host, shares his insights and perspectives on various issues through multiple platforms including MSNBC, Twitter, and Substack under the name "Why is this happening?" This production is brought to you by MSNBC and NBC News, with Donnie Holloway and Brendan O'Melia as producers and Bob Mallory as engineer. Listeners can access more information and related links by visiting mbcnews.com/why-is-this-happening. This discussion underscores the importance of staying informed and engaged in today's complex world, as well as the various ways media and technology facilitate access to diverse viewpoints and information.

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