Documents Reveal Loopholes in Biden’s Stringent Border Policies

Thousands of migrants from countries such as China and Venezuela could circumvent the new stringent border controls implemented by the Biden administration due to their nations’ refusal to take them back. 

In 2024 alone, over 150,000 individuals from these two countries have entered the United States illegally, with the numbers increasing daily. 

Despite the Biden administration’s order to halt asylum claims processing after daily encounters exceed 2,500 for a week, internal communications from the Department of Homeland Security (DHS) indicate exemptions for migrants from countries that do not accept repatriation flights.

According to an internal memo, migrants from these countries may still undergo expedited removal processes or be placed into Section 240 removal proceedings, which effectively allows them to remain in the U.S. while they pursue asylum—a process that can take years. 

“They’re released into the U.S.,” a Border Patrol source explained, highlighting the ongoing challenges in managing such cases.

“It’s all bulls–t,” a DHS official criticized the effectiveness of the new restrictions, pointing out the ambiguous language used in the policy to allow certain exceptions.

The situation is compounded by some countries’ reluctance to accept deportations. As of mid-2020, nations like China and Venezuela were among those refusing U.S. deportation flights, with diplomatic relations continually evolving. 

For instance, in March, China accepted a flight with only 14 deportees, starkly contrasting the thousands who arrive annually. 

According to ICE, only 89 Chinese migrants have been successfully deported in 2024, down from 285 last year.

The Venezuelan situation is similarly dire, with over 124,000 migrants arrested in the first seven months of fiscal year 2024 alone.

Despite these high numbers, only about 1,500 have been returned to Venezuela, with many others sent to Mexico for subsequent deportation.

A Border Patrol agent lamented the inefficacy of the new measures, saying, “That’s like trying to plug the leak on the Titanic with chewing gum. It’s way too little too late. He’s trying to act tough on the border but we know he’s been the most open border administration ever.”

The Biden administration also faces other major challenges in implementing its comprehensive border control measures, hindered by insufficient resources and logistical complications. 

The policy also includes a clause for “operational considerations.” This term essentially acknowledges the government’s lack of financial capabilities and legal authority to deport all individuals affected by the new rule, particularly those from South America, Asia, Africa, and Europe, who have only recently started to appear at the border.

According to recent reports, border officials have been instructed to prioritize the detention of migrants who can be deported quickly. They then focus on those from “hard to remove” countries, who typically need at least five days to process travel documents. The last priority is given to migrants from “very hard to remove” countries whose governments do not allow U.S. deportation flights to land.

Theresa Cardinal Brown, senior adviser for immigration and border policy at the Bipartisan Policy Center in Washington, noted that Homeland Security has openly acknowledged the challenges it faces.

Brown stated, “There’s a limitation to the resources that the government has for detention and removal of people, and in particular to countries that we have a hard time removing people to because the (other) government is not cooperative. We can’t detain them indefinitely.”