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Beginning in 2011, the number of individuals entering the United States without permission from Central America began to increase.[1][2] By June 2014, the number of individuals entering the country without permission increased 80% from 2013.[3] The increase that year put a strain on the resources of the U.S. Border Patrol and overwhelmed immigration courts and holding facilities.[4]
Throughout the summer, the federal government and state governments took various measures to address the situation.
Beginning in 2011, America saw an increase in the number of individuals entering the country without permission from Central America.[1][2] Several factors motivated the decision to go to America, including fleeing from violence and criminal gangs, economic opportunity, the possibility of family reunification, and the treatment of children crossing the border being seen as more kind in America than in other countries.[2] A report by the United Nations High Commissioner for Refugees said that "the majority of children interviewed from [El Salvador, Guatemala, Honduras, and Mexico] provided information that...indicates they may well be in need of international protection.[5]
Additionally, some analysts said a 2008 bill, the William Wilberforce Trafficking Victims Protection Action Act, contributed to the increase. Cato Institute's Alex Nowrasteh wrote that the bill "forced U.S. officials to inquire into the vulnerability of unaccompanied minors to trafficking and other forms of abuse. U.S. officials were then only allowed to deport the children quickly if they make a voluntary decision to return. Longer processing times created by the 2008 act mean longer wait times for the minors in immigration detention facilities. As a result, crowding has occurred and the overflow has been moved to military bases."[6]
There had been previous attempts to address the number of individuals entering the country without permission. In 2012, President Barack Obama (D) signed an executive order — Deferred Action on Childhood Arrivals — to delay deportations for individuals residing in the country without permission and to allow them to receive a permit to seek employment.[7] In 2013, a bipartisan group of eight senators introduced the Border Security, Economic Opportunity, and Immigration Modernization Act. The bill would have provided a path to citizenship, increased funding for Border Patrol, and created a new verification process to clear backlogs.[8] The bill passed in the Senate 68-32 but never was voted on in the House.
By 2014, over 10,000 minors and over 16,000 families had entered the country without permission.[1] The overall rate of individuals detained rose 16% from 2013.[9] Vox's Dara Lind said the system was unable to handle the number of individuals entering the country without permission because "the system was built for 8,000 kids — not 50,000."[2] Due to the influx, the federal government took various steps to address the issue.
President Barack Obama (D) called the situation "an urgent humanitarian situation requiring a unified and coordinated federal response."[10] On June 2, 2014, Obama ordered the secretary of the Department of Homeland Security to establish a task force to help manage the situation.[11]
On June 20, 2014, Obama released a plan to increase the number of detention centers, use more ankle bracelets to track individuals residing in the country without permission who were waiting for legal hearings, and shift more immigration judges to southern Texas in order to speed up immigration court hearings.[12] Additionally, the plan also included financial grants to El Salvador, Guatemala, and Honduras, countries where many of the individuals crossing the border originated from, that intended to keep the individuals in their country and not enter the United States.[13]
On June 30, 2014, Obama said that he would use executive orders to achieve his goals on immigration if Congress did not: "While I will continue to push House Republicans to drop the excuses and act...America cannot wait forever for them to act."[14] Obama said these actions would include directing federal agencies to move resources to the border and for the agencies to identify other potential actions the administration could take.[15] House Speaker John Boehner (R-Ohio) was critical of Obama's statement saying, "additional executive action from this president isn’t going to stem the tide of illegal crossings, it’s only going to make them worse."[16]
On July 8, 2014, Obama asked Congress for $3.7 billion to hire more judges and Border Patrol agents, increase aerial surveillance, and build more holding facilities.[17][18] National Border Patrol Council Vice President Shawn Moran was critical of the request saying, "Where is the money for border security? This does nothing to secure the border. It just streamlines the end of the process."[19] House Minority Leader Nancy Pelosi (D-Calif.) said, "The additional funds are essential to ensure the safety, security, and proper care of the children fleeing violence in their home countries."[20]
The U.S. Department of Health and Human Services (HHS) announced on August 4, 2014, that three military bases that were being used to house more than 7,700 individuals residing in the country without permission would be phased out of use by October 2014. The bases — Fort Sill (Oklahoma), Lackland Air Force Base (Texas), and Naval Base Ventura County (California) — were estimated to cost about three times more for housing the children than normal shelters. Children were sheltered here due to the high influx of crossings from Central America beginning in January 2014, and HHS needed a temporary solution to the housing problem. HHS officials said, "To prudently manage its resources, HHS will be suspending these temporary facilities. We are able to take this step because we have proactively expanded capacity to care for children in standard shelters...At the same time, we have seen a decrease in the number of children crossing the southwest border."[21]
White House officials said on Sept. 6, 2014, that Obama would delay any executive actions on immigration until after the Nov. 4, 2014, elections.[22] A White House official told The New York Times, "The president believes it would be harmful to the policy itself and to the long-term prospects for comprehensive immigration reform to announce administrative action before the elections.[23] Obama stood by the decision in an interview saying "[T]he politics did shift midsummer because of [immigration debates in Congress]. I want to spend some time, even as we’re getting all our ducks in a row for the executive action, I also want to make sure that the public understands why we’re doing this, why it’s the right thing for the American people, why it’s the right thing for the American economy."[24]
On November 20, 2014, President Obama issued an executive order to provide temporary legal status and work permits for nearly 5 million individuals residing in the country without permission. Obama said of the order, "Mass amnesty would be unfair. Mass deportation would be both impossible and contrary to our character...If you meet the criteria, you can come out of the shadows and get right with the law. If you’re a criminal, you’ll be deported. If you plan to enter the U.S. illegally, your chances of getting caught and sent back just went up."[25] The Center for Community Change Director Deepak Bhargava said the orders were "a massive breakthrough for the immigrant-rights movement."[26] House Speaker Rep. John Boehner (R-Ohio) opposed the action and said that House Republicans would act to halt the executive order: "We're working with our members and looking at the options that are available to us, but I will say to you, the House will, in fact, act."[27] In response, the House voted 219-197 on December 4, 2014, to roll back Obama's orders, though the Democratic-controlled Senate did not bring the bill to a vote.[28]
Homeland Security (DHS) Secretary Jeh Johnson announced changes following Obama's executive order. The department ended the Secure Communities program, designed for law enforcement to hold individuals residing in the country without permission who had been arrested until they could be screened. The department replaced it with the Priority Enforcement Program, which was designed to allow local authorities to determine whether an immigrant's crime warranted a screening.[29]
On June 24, 2014, Democratic House lawmakers introduced the Vulnerable Immigrant Voice Act, which proposed providing lawyers to minors residing in the country without permission and to individuals with disabilities during their immigration hearings. Unaccompanied minors could make one of three arguments to stay in the United States. According to The Hill, they "can either claim asylum; claim a special status if they're under 21 and have been abused, neglected or abandoned by one or both parents; or seek a visa if they are victims of serious crimes." Rep. Hakeem Jeffries (D-N.Y.), co-sponsor of the bill, said, "Some of the children who have come to this country may not have a valid legal basis to remain, but some will. Yet, it is virtually impossible for a child to assert a valid claim under immigration law in the absence of legal representation."[30]
On July 23, 2014, Republican House members released a list of 12 policy ideas they said would help address the situation. The main policy was targeted at changing the 2008 William Wilberforce Trafficking Victims Protection Action Act to treat unaccompanied minors from Central American countries the same as Mexican or Canadian children crossing the border. It proposed allowing the children to return at their own volition to their home country instead of waiting under the care of a sponsor until their court date in the United States. It also proposed increasing the number of available judges to speed up the hearings process and called for harsher penalties on human traffickers. The proposal included $1.5 billion in emergency funding and spending cuts in other areas. Boehner said, "The president clearly isn’t going to deal with it on his own even though he has the authority to deal with it. But I do believe the Congress should act, and I’m hopeful they do."[31]
On July 24, 2014, the entire Republican congressional delegation from Texas signed a letter urging the president to take executive action to ease the situation.[32] The suggestions outlined in the letter included increased cooperation with local law enforcement, cracking down on immigration fraud, and increasing the rate of deportations.[32]
Sen. Barbara Mikulski (D-Md.) filed a supplemental bill on July 24, 2014, to make temporary spending changes for the Departments of Health and Human Services and Homeland Security through the end of the calendar year. Sen. Jeff Flake (R-Ariz.) commented, "We have to deal with this immediate crisis. I’d consider that." Sen. Tom Udall (D-N.M.) said he would stick with Senate leadership, saying, "I think there has been a pretty firm position from leadership to not do any language on the supplemental — to not do any language at all."[33] On July 28, the Obama administration released a statement in support of the bill.[34]
The Senate rejected the bill on July 31, 2014. The vote was 50-44. All Republicans present voted against the bill's passage, as well as two Democrats, Sens. Joe Manchin (D-W.Va.) and Mary Landrieu (D-La.). Mikulski said after the bill's failure, "We’re no longer the greatest deliberative body, we’re the greatest delaying body in the world. We’re facing a really serious problem in our country. … Certainly we can deal with 60,000 children." Republicans said they would not vote for the bill because they were not allowed to offer any amendments before voting. Sen. John McCain (R-Ariz.) disapproved of the bill, saying, "I say shame on you for failing to let senators from the states most affected to offer amendments. Not a single one."[35]
Sen. John Cornyn (R-Texas) and Rep. Henry Cuellar (D-Texas) introduced a bill on July 27, 2014, that proposed repealing the William Wilberforce Trafficking Victims Protection Action Act to allow for the faster deportation of minors coming from Central America. Cuellar said of the bill, "The American public wants us to have an orderly border. Right now, they’re not seeing that. They’re seeing chaos at the border." Cornyn said, “A solution beats no solution every day. And nobody’s offered an alternative. So, I hope we will act.” House Minority Leader Rep. Nancy Pelosi (D-Calif.) and Senate Majority Leader Sen. Harry Reid (D-Nev.) opposed the bill.[36]
On July 29, 2014, Rep. Hal Rogers (R-Ky.) introduced temporary spending legislation, which included $659 million in offset funding, and a change to the 2008 trafficking law to speed up deportations.[37] The proposed bill did not provide funding for additional judges to be sent to work in border state immigration courts or funds to provide legal representation to minors seeking asylum.[38] Speaker John Boehner (R-Ohio) said, "I think there is sufficient support in the House to move this bill."[37] Minority Whip Rep. Steny Hoyer (D-Md.) said, "I don’t see myself trying to get votes for a language change whose ramifications nobody knows at this time."[37]
Sen. Ted Cruz (R-Texas) said he would not support the bill because it did not involve changes to the Deferred Action on Childhood Arrivals program. Cruz said, "The only way to stop the border crisis is to stop Obama’s amnesty...Congress cannot hope to solve this problem without addressing the fundamental cause of it."[39]
On July 30, 2014, the Obama administration stated the president would veto Rogers' bill if it passed through Congress. Principal Deputy Press Secretary Eric Schultz said the bill would "make the problem worse. It would do so because children would be deported without due process and undercut public safety by shifting resources away from deporting criminals.[40]
House Minority Leader Rep. Nancy Pelosi (D-Calif.) said on July 31, 2014, that if House Republicans wanted to get the bill passed before the upcoming recess period, they would not be able to rely on votes from Democrats, saying, "The Democrats are not going to enable that bill to pass...[Republicans] are going to have to do that on their own." Democratic leaders opposed the bill, saying they thought that changes to the 2008 trafficking law would erode due process. However, some Democrats were less opposed to the bill, such as Rep. David Scott (D-Ga.), who said, "We've got to do something, and we've got to do the best we can do given the situation. There's an urgency here."[41]
The Obama administration criticized the bill on July 31, 2014, saying Congress should have taken action before Obama used an executive order to establish the DACA program instead of trying to eliminate it by passing Rogers' bill. White House Press Secretary Josh Earnest said, "In the face of Congressional inaction, the administration's use of Deferred Action for DREAMers in 2012, which has benefitted more than 500,000 young people who are Americans in every way except on paper, is the most significant progress we have made toward immigration reform in years."[42]
Republican leadership pulled the bill from the schedule on July 31, 2014, the last scheduled day before Congress' August recess, before deciding to delay their recess until they could get a vote passed. The vote was not rescheduled at the time, with Rep. Rich Nugent (R-Fla.) saying, "We don’t vote until we get 218. What leadership is going to do is sit down with each of those members, find out what it would take them to get to a yes."[43] Texas Gov. Rick Perry (R) criticized Congress for not taking action sooner. He issued a statement on July 31, 2014, saying, "While Texas has taken what steps it can to mitigate the damage caused by a porous border, Congress and the President have a duty to address our border security issues without further delay. Congress should not go into recess until the job is completed."[44] No other legislation was proposed, and Congress went into recess.[45]
Texas Gov. Rick Perry (R) criticized Obama's handling of immigration, saying in an interview on June 17, "This president is totally and absolutely either inept, or making some decisions that are not in the interest of American citizens, particularly from the public safety standpoint."[46] Perry wrote a letter to Obama on July 10, 2014, saying, "Securing our border will provide an immediate reduction in the number of illegal immigrants entering our country, which is the source of this current crisis.[47]
On July 21, 2014, Perry directed the National Guard to assist border patrol in guarding the United States border against individuals entering the country without permission. Perry additionally requested 3,000 more border patrol agents along the Texas-Mexico border. He named the move Operation Strong Safety, saying, "The price of inaction is too high."[48] Rep. Joaquin Castro (D-Texas) criticized Perry's actions as overly strict and motivated by political gain, saying in a letter to Perry on July 28, 2014, "The people of South Texas do not want to and should not have to live in a police state...for too long, the border has been used as a boogey man for political gain."[49]
In response to President Obama's November 20 executive order, Texas, along with 16 other states, filed a lawsuit against the Department of Homeland Security saying that Obama's orders broke federal laws.[50] Texas Attorney General Greg Abbott (R) said the lawsuit was "not about immigration. The issue in this lawsuit is abuse of executive power."[51]
State governors across the country voiced their displeasure with the handling of the situation. The reasons included concerns about the health of the individuals entering the country without permission, safety, border security, the cost to the states, and having them transported by the federal government to their states without notification. Some comments included came from the following states:[52]
Additionally, some states attempted to assist in taking in individuals residing in the country without permission.
A poll of 1,821 adults conducted by the Pew Research Center in February 2014 showed the American public split on deportation, with 45% in favor, 45% opposed, and nine percent had no opinion. The poll had a margin of error of ±2.6 %.[55]
A poll of 1,200 Texans conducted by the University of Texas for the Texas Tribune in June 2014 found support for deportation at a total of 54%, opposition at a total of 40%, and a total of six percent of respondents were undecided. The poll had a margin of error of ±2.83 %.[56]
A poll of 1,026 adults by the Public Religion Research Institute in July 2014 found that 69% of Americans did not support deportation if it was determined that the individuals came from a dangerous situation, and 27% did support deportation. The poll had a margin of error of ±3.1 %.[57]
In June 2014, Lawrenceville, Virginia, residents held a meeting in which they rejected a bid by St. Paul's College to accept 500 unaccompanied individuals residing in the country without permission. The historically black college needed funds to pay off debts, as it was on the verge of closing and no longer accepted students. One thousand of the town's 1,400 residents lined an auditorium to voice their opinions. One man said, "I feel sorry for them, they’re children and they’re lost, but I don’t want them here. We need to take care of our own house before we take care of others."[58]
In July 2014, protestors in Murrieta, California, blocked a bus carrying individuals residing in the country without permission from entering the county.[59][60] Mayor Alan Long said of the protest: "We understand these immigrants are coming from a less desirable location. It’s not about them. We’re opposing the federal system that’s broken."[61]
After the protests in Murrieta, protests in favor of and against the individuals residing in the country without permission emerged in Oracle, Arizona. Pinal County Sheriff Paul Babeu (R) said, "We already have our hands full fighting the drug cartels and human smugglers. We don't need unaccompanied juveniles from Central America being flown into Arizona." Resident Frank Pierson disagreed with the protestors and said, "We view this as a refugee crisis, not an immigration issue. To treat these kids as pawns in immigration fights is seriously wrong-headed."[62]
On June 26, 2014, New York's City Council allocated $4.9 million to provide individuals residing in the country without permission legal representation and an ID system to allow them to open bank accounts or get a library card.[63] Additionally, Mayor Bill de Blasio (D) signed a law that limited the city's cooperation with U.S. Immigration and Customs Enforcement without a federal warrant.[64]
In the 2014 midterm elections, immigration was an issue. The Washington Times' Stephen Dinan wrote, "Immigration a losing issue for Democrats in 2014 midterm elections"[65] In Senate contests in Arkansas, Georgia, and New Hampshire, Democratic candidates were criticized for their stances on immigration in various commercials.[66] In these races, incumbent Mark Pryor (D-Ark.) and Michelle Nunn (D-Ga.) were defeated while incumbent Jeanne Shaheen (D-N.H.) won. Additionally, the U.S. News & World Report's Lauren Fox wrote, "While polls show a greater number of people support immigration reform than oppose it, anti-immigration and anti-amnesty activists are more likely to cite immigration as a top issue and remain more intense, reliable voters than those on the other side of the debate."[67] However, the Migration Policy Institute's Muzaffar Chishti and Faye Hipsman wrote, "Despite the heightened media coverage of the two developments, exit polls and post-election analyses suggested that immigration did not appear to drive voters to the polls or tip the scales in individual races. Fourteen percent of exit poll respondents cited illegal immigration as their most important concern, compared to 45 percent who named the economy and 25 percent health care."[68]
One race where media outlets cited the effect of immigration was the June 10 Republican primary for Virginia's 7th Congressional District. In this race, Dave Brat (R) defeated House Majority Whip Eric Cantor (R). During the primary, Brat criticized Cantor's immigration stance, saying in an opinion article, "[T]he central policy issue in this race has become Cantor’s absolute determination to pass an amnesty bill. Cantor is the No. 1 cheerleader in Congress for amnesty. This is not the Republican way to fix our economy and labor markets."[69] Columnist Ann Coulter wrote that Cantor's defeat "reinforces a central point: Whenever the voters know an election is about immigration, they will always vote against more immigration — especially amnesty."[70] NPR's Frank Jones wrote that immigration was a factor but cited other factors for Brat's win, such as "a redrawn district that included more rural conservatives open to Brat's hard-line fiscal message, Cantor's...demeanor, his campaign taking Brat too lightly until it was too late, the congressman's failure to dampen the anti-incumbent mood of his district's voters early enough."[71]
Additionally, some outlets saw Cantor's defeat as affecting potential immigration reform in Congress. The Wall Street Journal's Laura Meckler wrote that his defeat "is likely to further weaken already shaky prospects the House will consider immigration legislation this summer."[72]
By August 2014, the number of individuals entering the country without permission began to decline.[2] Different reasons were given for why the number began to drop. Texas Gov. Rick Perry (R) attributed the drop to his decision to send the National Guard to the border. Secretary of Homeland Security Jeh Johnson attributed the drop to the Department of Homeland Security's expedition of trials and re-allocation of resources.[45] Another factor that received attention was the actions of the government of Mexico. Due to pressure from the U.S. government and various Central American governments, Mexico began to arrest individuals entering Mexico without permission, deterring some individuals from traveling from Central America.[73]