National

The Biden administration brought 36 migrants back to the U.S. for court hearings on Monday under the reimposed Remain in Mexico program and expanded its enforcement of that program into San Diego, even as it continues efforts to end the policy, administration officials told reporters on a call. 

The big picture: The administration has asked the Supreme Court to intervene to allow them to end what's formally known as the Migrant Protection Protocols (MPP), which forces asylum seekers at the southern border to wait in Mexico while their cases are heard. 

More than 200 migrants have been already returned to Mexico since a court forced the policy's reimplementation last month.

Officials highlighted attempts to make the program more humanitarian compared to when it was first enforced under President Trump, including providing better access to legal counsel both before being sent back to Mexico and ahead of court hearings. 

Migrants will now be provided transportation directly to shelters after returning to Mexico, facilities have better WiFi and the Mexican government has committed to providing enhanced security at shelters. 

By the numbers: As of the end of 2021, just over 200 single male adults had been returned via the El Paso-Ciudad Juarez border crossing under MPP, a spokesperson for International Organization for Migration in Mexico told Axios.

Administration officials declined to provide official numbers on the Monday call. 

Migrants will now be enrolled in the San Diego sector in addition to El Paso, and "we anticipate expanding in the near future to other ports of entry along the border, as well," one official said on the call.

Remain in Mexico expands as U.S. immigration court hearings begin

36 migrants were brought back to the U.S. for court hearings on Monday.

 Immigrants from Haiti and Venezuela await transfer by sheriff's deputies to a U.S. Border Patrol processing center 

Immigrants await transfer to a U.S. Border Patrol processing center in Yuma, Ariz. Photo: John Moore/Getty Images

Immigration

Latin America and Latinos

President Biden has made the COVID-19 crisis and a post-Trump return to national unity and traditional democratic ideals his top priorities. From vaccinations to stimulus to schools, Biden is seeking bipartisan compromise while showing a willingness to use executive authority and bare Democratic majorities in the U.S. House and Senate to implement his policies. Republican leaders are navigating deep party divisions over if and how to move beyond former President Trump.

Politics & Policy

The White House will lift the travel restrictions it imposed on eight African countries last month after the Omicron variant was first reported in South Africa, White House assistant press secretary Kevin Munoz said on Friday. 

Driving the news: The restrictions will end on Dec. 31, according to Munoz. He said the decision to lift travel restrictions was recommended by the Centers for Disease Control and Prevention.

"The restrictions gave us time to understand Omicron and we know our existing vaccines work against Omicron, esp boosted," Munoz said in a tweet.

People traveling from the countries will now be subject to the same protocols the U.S. has imposed elsewhere — requiring foreigners be vaccinated and that all travelers get a negative COVID-19 test within a day of their departure.

Flashback: President Biden in late November restricted entry from South Africa, Botswana, Zimbabwe, Namibia, Lesotho, Eswatini, Mozambique and Malawi at the recommendation of medical experts and the COVID-19 response team.

The restrictions apply to people who were in the countries during the 14-day period before they tried to enter the U.S. It does not apply to American citizens and permanent residents.

Reuters first reported on the decision to lift the restrictions. 

Between the lines: Officials in South Africa had criticized countries that imposed travel bans on the nation, saying it was being punished, rather than praised, "for its advanced genomic sequencing and the ability to detect new variants quicker."

The World Health Organization also condemned restrictions, saying they place a "heavy burden on lives and livelihoods."

Biden to lift travel restrictions on southern African countries

Officials in South Africa had criticized countries that imposed travel bans.

Travelers arrive at Miami International Airport ahead of the long holiday week-end of Memorial Day in Miami on May 26, 2021. Photo: Chandan Khanna/AFP via Getty Images

Omicron variant COVID

Coronavirus

China is becoming the most formidable rival America has faced, and the risk of confrontation with Russia, North Korea or Iran still looms. Authoritarians are rising, the chaotic Afghanistan exit revealed the limits of U.S. power, and the pandemic, climate change and other critical challenges continue to pose grave threats.

World

The U.S. faces a range of health care flashpoints — unaffordable drugs, opioids, vaping — as we debate whether to adopt universal care. For now, the Affordable Care Act is the law of the land, but Republicans want to issue it a final death blow.

Health

Axios Future

The U.S. population grew just 0.1% in the year leading up to July 1, the lowest rate since the nation's founding — and a major cause is sharply decreased immigration.

Why it matters: Sluggish population growth is putting the U.S. on a pace to be an older, less productive and less dynamic country in the future.

Reversing declining fertility rates is challenging, but the U.S. could keep the population growing by increasing immigration — if it wants.

By the numbers: According to new data released yesterday by the Census Bureau, the U.S. population increased by just 392,665 people between July 1, 2020, and July 1, 2021.

For the first time ever, the increase from net international migration — the difference between the number of people who moved to the U.S. versus those who left — was a bigger contributor to population growth than a natural increase from the number of excess births over deaths.

Between the lines: The pandemic played a major role in nearly flat population growth, directly killing 475,000 people during the July to July year, indirectly contributing to more mortality by hindering access to medical care, and discouraging people from having children. 

“We knew [COVID-19] has had a lot of economic impact, a lot of social impact; this shows it has had a big demographic impact that is going to last us for several years,” William Frey, a demographer with the Brookings Institution, told the Washington Post. 

The big picture: The pandemic won't last forever, but the general decline in fertility rates in the U.S. is a long-running trend, one mirrored around the world, that seems unlikely to change for the foreseeable future.

But immigration is something the government can control, and it's been a major advantage for the U.S., fueling innovation and business formation. 

Surveys indicate tens of millions of people in Latin America and the Caribbean alone would move to the U.S. if they could.

The catch: Even as immigration added more to population growth than natural increase, the number of people moving to the U.S. has fallen drastically in recent years, dropping from over 1 million in 2016 to just 247,000 in July 2020 to July 2021.

The bottom line: If the U.S. wants to add workers and dynamism in the future, letting in more of the people who desperately want to live here could help.

Immigration is the one easy trick to boost U.S. population growth

Americans aren't having more babies, but we can let in more immigrants — if we want.

Illustration of the American flag with a stripe as a red carpet with a portable rope barrier beside it

Population

Immigration and Customs Enforcement (ICE) announced Tuesday a body-worn camera pilot program for special agents in select cities.

Why it matters: The move comes amid renewed attention on law enforcement misconduct after a year of reckoning with police killings of Black Americans. News reports and human rights groups have documented ICE officers' violent use of force against migrants, primarily Latinos.

Details: The deployment of cameras will occur in stages. Special agents in the Homeland Security Investigations unit will start wearing the cameras for pre-planned operations in Houston, New York City and Newark, New Jersey.

They will be trained on proper use of the devices, civil liberties safeguards, data storage and more.

The camera will be mounted on the officer or agent's outerwear.

What they're saying: "The body-worn camera pilot is an effort to increase transparency between ICE and the communities we serve, enhance officer safety, and deliver on our commitment to accountability," acting ICE director Tae D. Johnson said in a statement.

"With its body-worn camera pilot, ICE is making an important statement that transparency and accountability are essential components of our ability to fulfill our law enforcement mission and keep communities safe," DHS Secretary Alejandro Mayorkas added. 

Editor's note: This story has been updated to clarify that special agents will be the officers initially testing the body-worn cameras.

ICE to pilot body-worn cameras in select cities

The move comes after years of protests against ICE officers' use of force against migrants, primarily Latinos.

Photo of two federal agents walking around a vehicle at a traffic stop

Immigration and Customs Enforcement agents work a traffic stop after an early morning stakeout on Jan. 8, 2020. Photo: Eamon Queeney/For The Washington Post via Getty Images

Immigration and Customs Enforcement (ICE)

The Biden administration will add 20,000 new slots to a seasonal, guest-worker program for the winter season, the Department of Homeland Security announced Monday.

Why it matters: The U.S. labor force has struggled against the backdrop of rising demand, mental and physical health issues, and low wages, as businesses emerge from the economic damage incurred at the height of the pandemic.

The number of job openings was at an all-time high as of October at more than 11 million, and companies are struggling to hire enough workers to meet demand.

DHS previously increased the number of available visas during the summer.

Be smart: The H-2B program allows U.S. employers to temporarily hire foreign workers to perform "nonagricultural labor or services." DHS will reserve more than 6,000 for people from Haiti, Honduras, Guatemala and El Salvador. 

What they're saying: "At a time of record job growth, additional H-2B visas will help to fuel our Nation's historic economic recovery," Homeland Security Secretary Alejandro Mayorkas said in a statement.

"DHS is taking action to protect American businesses and create opportunities that will expand lawful pathways to the United States for workers from the Northern Triangle countries and Haiti," he added. 

"In the coming months, DHS will seek to implement policies that will make the H-2B program even more responsive to the needs of our economy."

Go deeper: Immigrants could help fill America's millions of job openings

Biden to add 20,000 guest-worker visas amid labor shortages

DHS will reserve more than 6,000 visas for people from Haiti, Honduras, Guatemala and El Salvador.

Photo by Samuel Corum/Anadolu Agency/Getty Images

Photo: Samuel Corum/Anadolu Agency/Getty Images

Department of Homeland Security (DHS)

After a record economic expansion, the coronavirus pandemic sent the U.S. economy into a recession as unemployment soared to staggering heights. The country now faces urgent questions about how much stimulus is needed for reeling consumers and businesses, and what a recovery might look like.

Economy & Business

Democrats are eyeing a way to overrule the Senate parliamentarian and provide pathways to citizenship for millions of undocumented immigrants — but it will depend on the caucus, including Sen. Joe Manchin (D-W.V.), sticking together. 

Why it matters: Providing protections for undocumented immigrants has been a central focus for Congressional Democrats. Failing could cost some needed political points heading into what are expected to be brutal midterm elections. 

Next steps are expected to be discussed in a special caucus lunch on Friday, according to a Senate aide. 

Democrats will ultimately need 50 votes to include pathways to citizenship in the $1.75 trillion "human" infrastructure package.

Two earlier proposals including pathways to citizenship failed the Byrd rule, which requires provisions to be primarily budget-related to be passed through the reconciliation process. 

What they're saying: Following a third rejection from the Senate rules referee on Thursday night, Senate Democratic leaders issued a statement, hinting at an attempt to go around the parliamentarian. 

"[W]e will pursue every means to achieve a path to citizenship in the Build Back Better Act,” they said. 

What we're watching: A final plan has not been decided on. But pro-immigration advocates are hoping Democrats take advantage of the opportunity and Senate rules to get pathways to citizenship done. 

Other potential options include watering down the immigration provisions even further to get it past the parliamentarian and into the package through an amendment. 

The latest rejected proposal did not include pathways to citizenship, but deportation protections and work permits for millions of undocumented immigrants. 

If Democrats decide to side-step the parliamentarian, advocates involved expect they will look at full pathways to citizenship by changing the immigrant registry date — the "plan B" option which was also rejected. 

Between the lines: It would be a long and complicated process with an initial vote requiring 41 Senate Democrats to agree to overrule the Senate parliamentarian. 

That would need to be followed by a vote on the inclusion of any immigration provision, which would require a simple majority. 

The big picture: Even if Democrats manage to get enough support to overrule the parliamentarian, the pathways to citizenship would still rely on Manchin's ultimate support of the roughly $1.75 trillion "human" infrastructure package.

Concerns from Manchin have forced Senate Majority Leader Chuck Schumer to delay bringing the bill to the floor until next year. 

Democrats eye last-ditch effort to pass pathways to citizenship

But it will depend on the caucus, including Sen. Joe Manchin, sticking together.

Senate Majority Leader Chuck Schumer (D- New York) and Majority Whip Dick Durbin (D-Illinois), head to the Senate Chamber after speaking to reporters at the US Capitol

Senate Majority Leader Chuck Schumer  and Majority Whip Dick Durbin. Photo: Mandel Ngan/AFP via Getty Images

Senate Democrats got another "no" from the parliamentarian on Thursday for their latest plan to provide protections for undocumented immigrants in the $1.75 trillion "human" infrastructure bill, the Wall Street Journal first reported.

Why it matters: Democrats have promised to pursue immigration reform through legislation that's also focused on expanding the social safety net and addressing climate change. But it's unclear if there is a remaining pathway. 

Sen. Dick Durbin (D-Ill.) told reporters on Capitol Hill that he was "disappointed" and that Democrats "are considering what options remain." 

Between the lines: Democrats have already banded together to pass a $1.2 trillion infrastructure bill focused on road and bridge construction. The $1.75 trillion follow-on package targets climate change and would expand the social safety net.

The rejected proposal would have provided protection from deportation, work permits and potential access to other benefits for millions of undocumented immigrants in the U.S.

The Congressional Budget Office estimated 6.5 million people would have qualified.

What they're saying: The Senate parliamentarian wrote in a memo, "These are substantial policy changes with lasting effects just like those we previously considered and outweigh the budgetary impact." 

Senate Democratic leaders say they have not given up on pursuing immigration reform, promising in a statement to "pursue every means to achieve a pathway to citizenship in the Build Back Better Act."

The big picture: Two earlier and more expansive plans have already been rejected by the Senate parliamentarian, the first of which offered pathways to citizenship for as many as 8 million immigrants.

In earlier decisions, the parliamentarian criticized the provisions as being too sweeping and focused on immigration policy, rather than the budget — a requirement for legislation passed through the reconciliation process.

The iterative "Byrd Bath" process allows a back and forth between the parliamentarian and lawmakers.

Parliamentarian rejects Dems' immigration provisions for 3rd time

The proposals would've provided protection from deportation, work permits and other benefits.

Senate Majority Leader Chuck Schumer is seen in silhouette set by television lights.

Senate Majority Leader Chuck Schumer addressed reporters on Tuesday. Photo: Al Drago/Bloomberg via Getty Images

The Department of Justice confirmed Thursday that it has ended negotiations for compensation for migrant families separated at the U.S.-Mexico border under the Trump administration's "zero-tolerance" policy.

The big picture: The news comes after the Biden administration faced criticism from Republicans following reports that the DOJ was in talks to pay up to $450,000 per person to settle lawsuits filed on behalf of the families affected.  

President Biden rebuffed the dollar amount last month, but the administration said at the time that those discussions were ongoing.

What they're saying: "While the parties have been unable to reach a global settlement agreement at this time, we remain committed to engaging with the plaintiffs and to bringing justice to the victims of this abhorrent policy," DOJ spokesperson Dena Iverson said in a statement Thursday.

Lawyers for the families accused the administration of "allowing politics to get in the way."  

"It would be an understatement to say we are disappointed that the Biden administration allowed politics to get in the way of helping the little children deliberately abused by our government," said American Civil Liberties Union attorney Lee Gelernt, who represents the families. 

"We are going back to court. The trauma inflicted on these children and parents at the hands of our very own government is unfathomable. We need to do the right thing," Gelernt said in a statement. 

"Candidate Biden promised to help these children and families," the ACLU tweeted. "But today, President Biden is shamefully playing politics with their lives and futures."

Go deeper: Over 280 migrant children to be reunited with their families

DOJ ends settlement talks with migrant families separated under Trump

Lawyers for the families accused the Biden administration of "allowing politics to get in the way."

People demonstrate in Washington, DC, on June 28, 2018, demanding an end to the separation of migrant children from their parents. - US President Donald Trump

People demonstrate in Washington, DC, on June 28, 2018 against then-President Trump's immigration policies. Photo:  Nicholas Kamm/AFP via Getty Images

Joe Biden

The Biden administration is ending the practice of holding undocumented migrant families in detention centers, turning to remote tracking technology such as ankle bracelets as alternatives.

Driving the news: As of Friday, the U.S. had zero migrant families in detention facilities, according to internal government data obtained by Axios — with the last and largest facility used for the practice now being slated to hold only single adults.

More than 100 migrant family members were removed or released from the South Texas Family Residential Center in Dilley, Texas, between Thursday and Friday of last week.

That brought the total detained family population to zero, according to the internal data.

"ICE has chosen to shift its usage of the Dilley facility to focus on single adults," an ICE spokesperson confirmed to Axios, "consistent with the administration’s goals of addressing irregular migration while supporting a system of border management that is orderly, safe and humane.”

Why it matters: The change marks a significant shift in immigration policy, and the fulfillment of an early call from then-presidential candidate Joe Biden to release families from Immigration and Customs Enforcement (ICE) detention.

Republican critics — and even some fellow Democrats from border districts — have complained the administration's promise to be more accommodating to migrants has encouraged a northward flow all year.

There were only two other smaller centers designated for families: Karnes County Staging Center in Texas, and Berks Family Staging Center in Pennsylvania.

Neither is being used for families anymore, according to the officials.

How it happened: The Department of Homeland Security (DHS) has increasingly relied on alternatives to detention — such as the bracelets and traceable cellphones — to keep track of undocumented migrants who illegally cross the border and are subsequently released into the U.S.

As of Monday, there were nearly 150,000 migrants enrolled in such programs, according to separate DHS data provided to Axios. The number includes single adults and any family members who are actually provided a tracking device — not any other spouses or children.

The government has managed to more quickly enroll families in these kinds of programs shortly after they cross the border, reducing the need for longer-term housing. 

It's also secured expensive contracts with hotels to use when the intake process cannot get done quickly enough, rather than detention centers. DHS will continue to rely on two such hotels, according to one DHS official familiar.

The big picture: Earlier this year, the Biden administration transformed two of the family centers into quick-turn processing facilities, with the goal of releasing families within 72 hours.

Now, they're altogether doing away with using these sites for families.

The Border Patrol released tens of thousands of families without so much as a tracking device due to the unusually high numbers in the summer. Border numbers have been declining from a peak earlier this year, but they remain higher than usual for the fall and winter months.

There's been an influx of migrant adults from farther-flung countries, including nations that make deportations more complicated. It's one reason why the detention center in Dilley will still be used for single adults.

What to watch: While the administration has ended the detention of migrant families, it continues turning back thousands at the border under the Trump-era COVID-19 policy known as Title 42.

It's also reimplemented Trump's "Remain in Mexico" policy under court order, which could turn back even more family asylum seekers.

They would be forced to wait in Mexican shelters while their cases are considered in the United States.

Scoop: Biden to stop holding undocumented families in detention centers

The last and largest migrant family detention center will soon hold only single adults.

An immigrant child plays in front of patriotic phrases and symbols covering the walls in a gymnasium at U.S. Immigration and Customs Enforcement's South Texas Family Residential Center

An immigrant child plays in South Texas Family Residential Center. Photo: Jabin Botsford/The Washington Post via Getty Images

Vice President Kamala Harris will announce Monday that seven companies have committed to investing in Guatemala, Honduras and El Salvador, senior White House officials said.

Why it matters: The commitments will push administration-led private sector investments in Central America to over $1.2 billion, as Harris doubles down on a multi-pronged effort to address the root causes of migration from the region to the U.S.-Mexico border.

The administration announced a first round of $750 million in investment in May.

Harris will discuss the ongoing task during a meeting Monday with chief executives from companies including Microsoft, the parent company of Peet's Coffee, PepsiCo Latin America and Nespresso.

Between the lines: President Biden assigned the vice president the complex task of addressing economic, health and political causes that have helped drive a surge of migration to the border.

Harris visited Guatemala and Mexico in early June, where she announced initiatives to address corruption and human trafficking in Central America.

Along the way, the issue has threatened to become a political liability for the vice president.

The challenge has been magnified amid turnover in her office, and as critics have parsed her every move.

What we're watching: A growing coalition of private, nongovernmental and foundation leaders is announcing plans for significant investments aimed at vulnerable populations in the region.

Parkdale Mills will build a new yarn spinning facility in Honduras. 

Grupo Mariposa, a Guatemalan company, will provide more than 70,000 neighborhood stores access to credit and digital tools.

 CARE International is announcing a $50 million Center for Gender Equity.

Additionally, Mastercard, Microsoft and Nespresso — part of the group that announced initial commitments in May — are increasing their involvement.

But, but, but: In a region strife with corruption, violence and weak governance, it's unclear whether the cash infusion will translate into stronger democratic institutions.

A senior White House official told Axios the vice president has challenged U.S. agencies involved with regional activity to have more rigorous monitoring and oversight.

"We've also been very clear with the governments in order to make these work, [they're] going to have to implement certain elements of reform, whether that's on the tax regulation, whether it's how shipping has been done," the official said.

Harris: Companies committing to Central America investment

The administration has now generated $1.2B in investment to address migration causes.

Vice President Kamala Harris is seen speaking from behind a lectern.

Illegal immigration

U.S. intelligence officials are privately bracing for a massive influx of more than 170,000 migrants at the Mexico border if COVID-era policies that allow instant expulsions during the public health emergency are ended, sources with direct knowledge of the discussions tell Axios.

The response under way includes a newly created — and previously unreported — Southwest Border Coordination Center (SBCC), essentially a war room to coordinate an interagency response.

Why it matters: Border officials have used Title 42 more than 1 million times to rapidly expel migrants at the southern border without hearing asylum claims. But the Trump-era order wasn't set up to be permanent, and senior Biden officials are preparing for its end as the virus is brought under control.

Department of Homeland Security intelligence estimates that perhaps 25,000 migrants already are waiting in Mexican shelters just south of the border for Title 42 to end. 

On Wednesday, DHS Deputy Secretary John Tien asked employees "to consider stepping forward to support the DHS Volunteer Force," citing large numbers of migrants at the southwest border, according to an email seen by Axios. The email seeks general support for U.S. Customs and Border Protection and help with data entry.

Sources spoke to Axios on condition of anonymity to discuss sensitive internal conversations.

What they’re saying: White House spokesperson Vedant Patel did not confirm or dispute specifics of Axios’ reporting but said in a statement, “Of course the Administration is doing our due diligence to prepare for potential changes at the border.“

"That is good government in action,” the statement said. “As always is the case this Administration is working every day to provide relief to immigrants, restore order, fairness, and humanity to our immigration system and bring it into the 21st century.” 

Behind the scenes: Internal discussions have raised alarms that human trafficking networks throughout Mexico and Central America will exploit the situation to "generate a mass migration event." 

Top Biden officials representing multiple agencies have been meeting to discuss a whole-of-government plan to deal with the potentially record-breaking spring influx of migrants.  DHS has branded it the Southwest Border Mass Irregular Migration Contingency Plan.

The plan is sweeping, reflecting how serious the Biden administration believes the situation could soon become, worsening a border surge that has troubled it from the beginning. 

Details: The SBCC will physically operate out of the DHS headquarters at St. Elizabeth's in the case of a border emergency and will be led by Border Patrol's Matthew Hudak, according to two sources familiar with the details.

Although SBCC members have not been finalized yet, DHS is asking for senior officials to support the center from relevant agencies such as the departments of State, Justice, Defense and Health and Human Services.

Meanwhile, DHS's modeling would trigger some extreme measures, many of which have been taken during past border surges such as in 2021 and 2019.

The department could surge hundreds or thousands of additional personnel from Customs and Border Protection, Immigration and Customs Enforcement, the Transportation Security Administration, Citizenship and Immigration Services and medical personnel from the Department of Health and Human Services.

DHS could request aircraft from the U.S. Marshals Service to help transfer migrants to other areas of the border, and call on additional air and ground transportation from the Department of Defense.

Officials could also request dozens of buses from the Bureau of Prisons to transport migrants between DHS facilities.

And they anticipate having to expand and even build new soft-sided facilities that can shelter up to 2,000 migrants apiece.

Between the lines: Border resources are already strained with unusually high numbers of people attempting to cross every month for a year straight. 

Officials expect those numbers to climb even higher in coming months due both to seasonal trends and the expected end of Title 42.

The backstory: The CDC's Title 42 order, first issued under then-President Donald Trump in March of 2020, uses the pandemic as a reason for expelling migrants attempting to enter the U.S. — without the chance to seek asylum.

Despite outcry from progressive Democrats and immigration advocates, the Biden administration has continued to rely on the policy to turn back migrant families and single adults.

At the same time, the Biden administration has attempted to end Trump's "Remain in Mexico" policy, which forced migrants into dangerous situations by making them wait for asylum hearings in Mexico.

The government's seeming self-contradiction in simultaneously defending Title 42 — which has also forced migrants back to Mexico  — was raised in court by D.C. Circuit Judge Justin Walker in a unanimous decision blocking the U.S. from expelling migrant families to countries where they may face persecution or torture.

What to watch: Reuters recently reported that the administration is leaning toward ending Title 42 itself.

The CDC was recently forced by courts to again end the use of Title 42 for unaccompanied minors, and the order notes "CDC anticipates additional lifting of restrictions" as DHS becomes increasingly able to prevent the spread of COVID-19 in its facilities.

CDC reassesses Title 42 every 60 days. The next deadline for renewal is in early April. "We continue to defer to the CDC on the use of Title 42 and how long it might remain in effect," a White House official told Axios.

Scoop: Biden officials fear "mass migration event" if COVID policies end

Title 42 has been used to rapidly expel migrants at the southern border.

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