Once again, a humanitarian crisis is engulfing our southern border, as tens and potentially hundreds of thousands of migrants arrive from Mexico, Central America and around the world in the hope that the Biden administration will let them in and let them stay.
The new administration has certainly given them — and the human smugglers who profit from their journeys — a basis for such hope: The administration declared that it would stop most deportations (a decision since blocked by a federal court), halted construction of the border wall, announced new "priorities" that sharply limit immigration enforcement, stopped expelling unaccompanied minors under health-related authority invoked during the pandemic and began to phase out the Migrant Protection Protocols that helped prevent abuse of our asylum system and end the last surge of family units across the border.
As the most recent U.S. ambassador to Mexico, I am not at all surprised by the border surge: It is a reprise of the humanitarian crisis that engulfed the border shortly after President Andrés Manuel López Obrador took office in Mexico in December 2018. His administration also came into office pledging to adopt a more "humane" approach toward migration and wound up unleashing an inhumane situation at the border. It was only after President Donald Trump threatened to impose tariffs on cross-border trade that the Mexican government reversed course, and from then on the two countries cooperated closely to reduce the flows of third-country migrants across Mexico.
But the biggest factor driving such flows has gone largely unaddressed: the willingness and ability of American employers to hire untold millions of unauthorized immigrants. The vast majority of the people are coming here for the same reason people have always come here: to work (or to join their families who are here to work).
Unless there is a serious effort, through mandatory E-Verify and other relatively simple means, to ensure that persons hired to work in the U.S. are eligible to do so, our country will continue to entice unauthorized immigrants and reward unauthorized immigration.
Would-be migrants, like other people, are economically rational: They weigh the benefits of living and working in the U.S. against the costs and odds of successfully making the dangerous journey across Mexico and into our country. As we have witnessed, shifts in enforcement policy by Mexico or the U.S. that alter the journey's likelihood of success greatly influence migrant flows.
This is a domestic matter that fell outside my jurisdiction as ambassador. But it was certainly awkward for me to ask my Mexican counterparts to crack down on unauthorized migrant flows when our own government had not meaningfully addressed the major engine of such flows. Congress, regardless of the party in control, has never taken the simple step of making E-Verify mandatory for all employers. Nor has the federal bureaucracy — again, regardless of which party controls the executive branch — shown much zeal for enforcing the law against employers. The Department of Homeland Security points the finger at the Department of Justice, while the Department of Justice points the finger at the Department of Homeland Security.
Until we meaningfully hold employers accountable for the people they hire, and disincentivize them from hiring unauthorized immigrants, I am not optimistic about our ability to contain unauthorized immigration.