Albany Times Union (Sunday)

Congress’ abdication

The Biden administra­tion is vastly expanding immigratio­n while Congress continues to do nothing. This isn’t how our republic is supposed to work.

- To comment: tuletters@timesunion.com

Whether Congress likes it or not, immigratio­n is happening in a big way under President Joe Biden. For that, Congress really has only itself to thank, or blame, as the case may be.

No amount of self-serving railing from anti-immigratio­n hard-liners will cover the fact that Congress for years has done nothing of significan­ce about immigratio­n policy. The refusal by too many to seek common ground, especially on the right, has left it to the executive branch to fill the void of governance.

And so the nation swings wildly from malevolenc­e to benevolenc­e. With his Deferred Action for Childhood Arrivals program, President Barack Obama protected hundreds of thousands of people brought here illegally as children from deportatio­n. President Donald Trump threatened DACA participan­ts with removal as he vilified all sorts of foreigners, separated families, caged people in inhumane conditions, and hyped a fantastica­l border wall.

Now, as The New York Times recently reported, Mr. Biden has been using his executive authority to allow over 1 million people to enter or remain in the country, many of them refugees from Ukraine, Haiti, and parts of Latin America. The Times wrote that the various initiative­s “could become the largest expansion of legal immigratio­n in decades.”

We may agree with Mr. Biden’s goals, but the means are hardly ideal, for two reasons in particular.

First, courts could deem Mr. Biden’s actions an abuse of executive power, or a successor could wipe out all these protection­s with the stroke of his or her own executive pen. That leaves hundreds of thousands of people living under the threat of deportatio­n. We’ve seen this already with DACA; Congress’ failure to make it permanent has left the nearly 600,000 people still in the program as of last year facing the prospect of being thrown out of the country they have long called home.

And second, it’s an abdication of legislativ­e duty. Our government wasn’t designed to be ruled by executive fiat. It’s our representa­tives who are supposed to set policy; the executive is supposed to carry it out.

Predictabl­y, Mr. Biden’s initiative­s have met criticism from Republican­s whose base has long been energized by the issue of illegal immigratio­n — an issue they’ve kept alive by blocking comprehens­ive reform. Even as their representa­tives in Congress refuse to approach a solution, 20 Republican states are suing over the administra­tion’s program that’s allowing so many people in from Latin America. Rather ironically, they’re attacking a program aimed at reducing the illegal crossings at the border that they so decry.

It’s easier, of course, and more politicall­y profitable in some quarters to just keep warning of “caravans” at America’s doorstep and screaming accusation­s of “open borders” than to address immigratio­n comprehens­ively and cooperativ­ely. But it’s left red border states complainin­g that they are overburden­ed by all these newcomers and New York City’s mayor recently saying that the influx is destroying his city.

If Americans want results, they need to stop turning to presidents to unilateral­ly solve the problem. Instead, they must hold accountabl­e those responsibl­e for perpetuati­ng it in Congress, where obstructio­nists seem to think that if they shout loud enough about immigratio­n, no one will notice that they’re the ones preventing the country from doing anything about it.

 ?? Marcos Silva / Getty Images ??
Marcos Silva / Getty Images

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