Sec. 3. Findings
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Congress finds the following: The Constitution gives Congress absolute power to create a uniform rule of naturalization under Article I, Section 8, Clause 4. Between 2013 and 2014, the number of unaccompanied children apprehended at the border increased nearly 80 percent, from 38,759 in fiscal year 2013 (October 2012–September 2013) to 68,541 in fiscal year 2014 (October 2013–September 2014). The New York Times concluded that the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( Public Law 110–457 , hereafter Wilberforce Act ) enacted during the transition to the Obama administration was at the root of the calamitous flow of unaccompanied minors to the Nation’s southern border in 2014.
According to Cable News Network (CNN), the Wilberforce Act contributed to the surge of child migrants from Central America by preventing the United States from sending the children back without an asylum hearing. According to then-Presidential Candidate Biden, it is a moral failing when children are locked away in overcrowded detention centers . According to the Los Angeles Times, President Obama’s Administration, under the leadership of Vice President Joe Biden, Homeland Security Secretary Jeh Johnson and Deputy Secretary Alejandro Mayorkas, built the overcrowded detention centers (so-called cages ).
President Biden has made the following actions concerning immigration: Revoked President Trump’s travel ban (Executive Order 13780) and allowed visa processing to begin again. Stopped all construction of a Southern border wall and started the process to redirect the funds appropriated for building a border wall. Given Federal agencies the power to completely overhaul President Trump’s immigration policies (Executive Order 13993). Declared that Federal agents can no longer deputize local law enforcement to assist at the border when they are overwhelmed (Executive Order 13993).
Directed the Department of Homeland Security to preserve and fortify DACA. Directed the Department of Homeland Security to expand pathways for individuals from the Northern Triangle to enter the United States, including by chain migration, and reintroduces catch and release immigration practices (Executive Order 14010). Stopped President Trump’s efforts to halt immigration in order to slow the spread of COVID–19 (Executive Order 14010). Targeted President Trump’s Migration Protection Protocols for probable recission so that asylum seekers can enter more easily (Executive Order 14010).
President Trump supported deporting all undocumented immigrants ( inadmissible aliens ) and called for an end to unnaturalized birthright citizenship in the United States. According to the BBC, border detentions significantly increased under the Trump Administration.
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- Pub. L. 110-457
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