An influx of migrants into the United States continues to expose Washington’s dismissive and deeply controversial attitudes toward migrant rights. A joint report compiled by the Washington Office on Latin America (WOLA) and the Kino Border Initiative (KBI) offers the latest look into the exercise of lethal force by many US border agents and their physical violence against children and women, as well as documented instances of sexual harassment, falsified evidence, and racial profiling. 

The Biden administration is in the habit of making rhetorical promises about rights protection whenever advocacy groups step up pressure and compel the government to end violent discrimination at the border. It is falling painfully short of its own commitments to governing in good faith, such as the opening up of “processing centers” in Central and South America to prevent migrants from risking their lives to reach the southern border. As of today, the administration has blatantly walked back its claim to build the centers with success, choosing to experiment with the fate of thousands of migrants under the garb of a free and fair democracy.

These glaring realities shatter the myth that US President Joe Biden is committed to delivering a “safe, orderly, and humane immigration system.” After all, key US border law enforcement personnel continue to blatantly skirt accountability for their documented rights abuses, all under state watch. At the same time, that exceptionalism contributes to a culture of discrimination against migration segments that served as the backbone of some of America’s most diverse cities.

Hailing from distinct parts of the world, thousands of migrants continue to risk their lives, families, livelihoods, and liberties to enter the United States, only to face the specter of surging border arrests. Cities such as New York also represent a conscious effort to shun away diverse migrant segments, claiming a lack of available space while authorities accuse migrants of straining public services. All this conjecture runs counter to tall government promises about prioritizing the rights of asylum seekers. Dozens are forced to sleep on the street and hear local threats about even tighter border restrictions hereon. Amid these threats, authorities in New York have blatantly refused to fulfill their own legal obligation: to extend free lodging to all that request it. 

Meanwhile, it is also increasingly clear that the Biden administration has no meaningful interest in bringing US border patrol officials under the full force of the law. A lion’s share of complaints filed by a migrant rights advocacy group produced no accountability outcome from the government on rights violations. At the same time, the legal challenges facing Biden’s handling of the US-Mexico border continue to climb up.

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The absence of sufficient legal oversight over US border patrol forces gives a free pass to more racial profiling instances, creating a culture of impunity that risks more sexual harassment of migrants. The Biden administration’s rhetoric about securing “more resources for border security than any of the presidents before” is also self-defeating, given shocking revelations of lethal force against migrants by the same border personnel. The end result is a separate standard of justice for scores of defenseless migrants entering the US as compared to the protections enjoyed by many US citizens.

For an administration that claims ‘compassion’ for the migrant community, its use of discriminatory facial recognition technology tells a radically different story. Consider Biden’s highly controversial “CBP One” electronic app for asylum seekers – it has faced scathing criticism for restricting system access to favor some privileged migrant segments over others. In America’s so-called democracy, the same app is also suspected to discriminate against Black and darker-skinned individuals. Therefore, there are glaring signs that the widely condemned unrest at America’s southern border simply wasn’t enough to force a change in the Biden administration’s insensitivity to marginalized refugee communities. Scores of disadvantaged migrants remain confined to the fringes, while the Biden administration touts a success narrative and construes criticism as a right-wing political attack.

Washington is also in no position to dictate the contours of effective border management to neighboring Mexico. After all, the Biden administration has made several efforts to deflect the blame of its own border patrol negligence onto passings from Mexico, pressuring its neighbor to manage a migration crisis that is chiefly of its own making. It took substantial time for Biden to move beyond the notorious Trump-era Title 42 policy, known for enabling unchecked deportations of scores of migrants without firm grounds. 

And yet, sweeping deportations continue to ramp up under Biden’s own watch. It is Washington – not Mexico – that continues to turn a blind eye to deep-rooted border abuse spanning regular intimidation, deliberate expulsion of migrants, and the refusal of food, water, and medical assistance when needed.

All this in the presence of so-called border enforcement best practices is a mockery of democratic liberties touted at the center. As immigration attorney Michael Foote summed up recently, migrants arriving at the border “still face a heavily burdened and antiquated system, and the Biden administration is doing the barest minimum to support migrants.”