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A CBO Roadmap to Near-Universal Healthcare

A CBO Roadmap to Near-Universal Healthcare

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On October 1, the Congressional Budget Office released a detailed report, Policies to Achieve Near-Universal Health Insurance Coverage. The report outlines four broad approaches to the long-sought goal of universal, affordable access to healthcare for all Americans. The CBO cautiously aims only for near-universal coverage, which it defines as coverage for at least 99 percent of the population. The report argues that 100 percent coverage is unattainable, since some people would inevitably decline to participate–even if they were eligible at no cost–on religious grounds or because they did not want to bring themselves to the attention of authorities, among other reasons.

Each of the four approaches offers potential improvements over what we now have under the ACA, and ways out of the unthinkable chaos of a court-ordered end to the ACA, with no viable replacement. The alternatives range from a Sanders-like single-payer plan bold enough to appeal to the most progressive Democrats, to others that are sufficiently market-oriented to pass judgement with any but the most curmudgeonly Republicans. One of the CBO’s alternatives squarely hits the sweet spot of radical moderation– the Niskanen Center’s hallmark.

Here is a brief outline of the four approaches, with some pros and cons of each. 

Approach 1: A partially subsidized, add-on default plan. 

This approach expands the alternatives already available under the ACA by adding a default plan that would be available to everyone not otherwise eligible for subsidized coverage, while leaving existing policy largely unchanged in other respects. The default plan would include both premium subsidies and cost sharing, with zero cost to the poorest participants. The default plan could be operated either directly by the government or by one or more private insurance companies. Although the CBO does not explicitly say so, Alternative 1 is essentially the approach endorsed by presidential candidate Joe Biden and the Democratic Party in the 2020 election.

Pros. Approach 1 would require a minimum of changes to existing law. One such change would eliminate the “coverage gap” for people with incomes below 100 percent of the federal poverty level (FPL) in states that have not expanded Medicaid. Another change would remove the so-called “firewall,” which is a rule that prevents people with a credible offer of employer-sponsored insurance (ESI) from taking advantage of subsidies and cost-sharing reductions available on ACA exchanges. Eliminating the firewall would moderate the many negative effects of tying health insurance to jobs

The CBO argues that it would be impracticable to keep the firewall in pace while administering a subsidized default plan. However, under Approach 1, large employers would still be required to offer health insurance, ESI tax benefits would be retained, and ESI would continue to be a major coverage source.

Cons. Approach 1 would leave Medicaid and CHIP intact. That would leave the healthcare system for people with low incomes highly fragmented, both from state to state and by income, with adverse consequences for continuity of coverage and labor mobility. The Covid-19 pandemic has already shown how widespread job losses disrupt coverage, requiring many people to attempt the switch from ESI to Medicaid. Unfortunately, millions have reportedly fallen through the cracks and ended up with no coverage.

Also, even though it makes the fewest changes to existing law, the CBO warns that Approach 1 would pose the greatest administrative challenges of any of the proposals. One challenge would be monitoring everyone to determine who is or isn’t ‘ eligible for coverage other than the default plan. Another challenge would lie in collecting premiums, or taxes instead of premiums, from people whose default coverage is partially but not fully subsidized. Still, another problem would be notifying eligible people for default coverage, and ensuring that they actually enroll. Point-of-service enrollment could partly alleviate this problem, but that, too, has its administrative challenges.

Approach 2: A partially-subsidized default plan that replaces Medicaid and the exchanges

Like Approach 1, this strategy would introduce a partially-subsided default program with zero premium for people below the FPL. However, in this case, the default program would fully replace Medicaid, CHIP, and the nongroup policies currently offered on ACA exchanges. Medicare and TRICARE would continue as they now operate. Like Approach 1, it would eliminate the firewall but would continue to require large employers to offer ESI coverage. 

Pros. The big advantage of Approach 2 would be its defragmentation of healthcare coverage for the low-income population. Coverage, without change of doctors, networks, or costs, would continue smoothly in case of change in employment, loss of employment, or change in state of residence. Approach 2 offers flexibility concerning public vs. private insurers. The most likely variant for default coverage would be a Medicare-like public option with competing private plans along the lines of Medicare Advantage. ESI would continue to be mandatory for large employers, but the firewall would be eliminated. With a good public option in place, the voluntary exit rate from employer-based coverage would likely be greater than under Approach 1.

Cons. Because it is only partly subsidized, Approach 2 would suffer from some of the same administrative complexities as Approach 1. To get to near-universal coverage, middle- and upper-income beneficiaries would have to pay a premium or premium-equivalent tax. Computing the appropriate premium or tax would not be a trivial matter. It would be necessary to take household income into account, and regional and/or age-related risk factors and possibly tobacco use. Getting everyone enrolled would be another administrative headache. It would probably be necessary to have a point-of-service enrollment mechanism with some kind of retrospective premium  for people who did not voluntarily enroll in advance in the default program or an alternative. That could create unpleasant financial shocks for people not eligible for full subsidies. 

Approach 3: Default coverage through a fully-subsidized benchmark plan

This approach would represent a more far-reaching transformation of the American system of health insurance. The big difference between Approach 3 and Approach 2 is that everyone would automatically be enrolled in a benchmark plan for which there would be no premium or premium-equivalent tax. The cost of the benchmark plan would be covered from general taxation. The benchmark plan would include income-based deductibles and copays, and could be offered either by public or private insurers.

Pros. Alternative 3 would move the United States toward a  universal coverage system similar to those of other high-income countries in place of the patchwork system that exists under the ACA. Default enrollment in a zero-premium benchmark plan would be much easier to administer than a system based on mandatory premiums or premium-equivalent taxes. It would not be necessary to know people’s income at the time of enrollment. Anyone who did not enroll in advance (and there would be little reason not to do so) could be enrolled at a point of service, such as a hospital emergency room or community clinic, with no unpleasant surprises or retroactive premiums.

Approach 3 would effectively break the link between employment and health insurance. Employers would not be required to offer coverage. Depending on the benchmark plan’s generosity, some employers might continue to offer add-on benefits, such as help with deductibles, or to pay for vision and dental care if not covered by the benchmark plan. There would be no tax advantage but some employers might see extended coverage as a useful employee retention device.

The cost of Approach 3 would depend largely on the design of the benchmark plan. The Federal budget burden would be least if the benchmark plan included substantial income-based cost-sharing, as would be the case under a system such as the Universal Catastrophic Coverage recommended by Niskanen Center. The CBO report explains how a Niskanen-style UCC approach would fit with its Approach 3 as follows:

One variant would be to benchmark premium subsidies to a catastrophic plan with high levels of first-dollar cost sharing, such as a high-deductible plan. However, under the catastrophic plan, there would be no cost sharing for the treatment of chronic conditions and preventive services, such as vaccinations and prenatal care. Deductibles would vary on the basis of household income, and individuals whose income was below a certain level would not have a deductible. People could use their subsidy to enroll in a catastrophic plan at no cost or they could use their subsidy toward the cost of a more generous plan offered through a marketplace of private plans if they paid the additional premium. Under this variant, there also could be a public option in the marketplace. 

Alternatively, the benchmark plan could be something more generous, with cost-sharing that was less dependent on income, something like traditional Medicare or an ACA gold plan. As in other approaches, such a plan could be administered in a public, private, or hybrid version.

Cons. This plan would require more people to change their source of insurance coverage. If a more generous form of benchmark plan were adopted, Alternative 3 would require higher  federal expenditures than alternatives 1 or 2. Even so, this approach would fall short of the universal first-dollar coverage that many progressives prefer.  

Approach 4: A Single-payer system

In this approach, everyone would receive comprehensive coverage from a single public insurance plan. There would be no premiums. Cost-sharing would either be eliminated entirely or much reduced  compared to most of today’s insurance options. The single-payer system would replace all existing government plans, including traditional Medicare, Medicaid, CHIP, TRICARE, and the rest. There would be little if any role for private health insurance.

Pros. Bernie Sanders’ Medicare for All plan is the best-known proposal of this type. The popularity of Sanders’ plan stems in large part from the fact that it would fully relieve American families of the financial burden of major illnesses and injuries. A single-payer plan would, in many ways, be the simplest to administer. Backers argue that savings in administrative costs would substantially ease the burden on the federal budget. It would also make life easier for doctors, hospitals, and families, who now must find their way through a maze of different payment rules from different private and public insurers.

Cons. Even after administrative savings, a true single-payer system would be the most expensive option. Some critics are concerned that with no “skin in the game” in the form of deductibles or copays, patients would greatly increase their consumption of services.  Some research supports that conjecture, but some also  suggests that patients make poor choices when faced with high out-of-pocket costs. Rather than choosing good health care values, some studies suggest that they may forgo needed care because of the cost– but then spend on unnecessary care or  treatments that are doubtfully cost-effective. Whatever the case, it is clear that a single-payer system would need to rely more on administrative and less on market-based cost controls than would the other alternatives.

There are many unknowns about how a true single-payer system would operate in this country. Senator Sanders himself often says he wants America to have universal healthcare “like other rich countries,” but the fact is, no other country has anything like Medicare for All. The healthcare systems of other rich countries are very diverse in their structures. Even the most generous systems elsewhere require more by way of cost-sharing than would Medicare for All, and most do not have coverage that is as broad, especially for things like dental, vision, and long-term care. Also, many of Europe’s best systems, such as those in The Netherlands, Switzerland, and even the U.K., leave more of a role for private insurance companies. Some rely entirely on compulsory purchases of private coverage.

Conclusions

The CBO has done an excellent job of laying out the options. Nearly every pending healthcare bill or think-tank proposal fits somewhere within the CBO’s four alternatives. In keeping with its mandate of political neutrality, the CBO expresses no preference for one approach over another.

There is only one major point on which I disagree with the CBO report. That concerns their contention that implementing  any of their four approaches would  require additional federal tax revenue to achieve deficit neutrality. I do not think that is true for the UCC variant of Approach 3.

The problem is that the CBO has not asked the right question. Rather than setting a plan and then asking, “Could we afford it?” The right question is, “How generous a plan could we buy with the money the federal government already spends on healthcare?” 

Total federal spending now accounts for roughly 50 percent of total healthcare spending. My calculations suggest that money would buy a UCC benchmark plan, with no premium for anyone, that would cap total out-of-pocket medical spending, including deductibles and all other cost-sharing, at 25 percent of a household’s eligible income. (Eligible income means total income minus the FPL for that household.) Approximately 65 percent of the population would have health care expenses of no more than 15 percent of total income, including all households with incomes below 250 percent of the poverty level. More than 95 percent of households would have expenses of less than 20 percent of total income. 

Those numbers are based on 2017 levels of healthcare spending with no cost savings. Suppose a UCC plan included administrative and/or market-based cost-saving measures sufficient to reduce overall expenditures by 10 percent. In that case, the out-of-pocket maximum for a budget-neutral UCC benchmark plan could be held to 15 percent of eligible household income. If savings of 15 percent were achieved, the out-of-pocket maximum could be lowered to 10 percent. (See here, pp. 25ff, for the detailed calculations.)

But, as the CBO report reminds us, UCC is only one healthcare reform approach among many. The most important point to draw from the CBO’s work is that any of their four approaches would move us toward the goal of affordable healthcare access for all Americans, and a clear improvement over what we have now.

Previously posted at NiskanenCenter.org Photo courtesy of Pixabay

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President Biden Delivers The “Darkest, Most Un-American Speech Given By A President”

President Biden Delivers The "Darkest, Most Un-American Speech Given By A President"

Having successfully raged, ranted, lied, and yelled through…

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President Biden Delivers The "Darkest, Most Un-American Speech Given By A President"

Having successfully raged, ranted, lied, and yelled through the State of The Union, President Biden can go back to his crypt now.

Whatever 'they' gave Biden, every American man, woman, and the other should be allowed to take it - though it seems the cocktail brings out 'dark Brandon'?

Tl;dw: Biden's Speech tonight ...

  • Fund Ukraine.

  • Trump is threat to democracy and America itself.

  • Abortion is good.

  • American Economy is stronger than ever.

  • Inflation wasn't Biden's fault.

  • Illegals are Americans too.

  • Republicans are responsible for the border crisis.

  • Trump is bad.

  • Biden stands with trans-children.

  • J6 was the worst insurrection since the Civil War.

(h/t @TCDMS99)

Tucker Carlson's response sums it all up perfectly:

"that was possibly the darkest, most un-American speech given by an American president. It wasn't a speech, it was a rant..."

Carlson continued: "The true measure of a nation's greatness lies within its capacity to control borders, yet Bid refuses to do it."

"In a fair election, Joe Biden cannot win"

And concluded:

“There was not a meaningful word for the entire duration about the things that actually matter to people who live here.”

Victor Davis Hanson added some excellent color, but this was probably the best line on Biden:

"he doesn't care... he lives in an alternative reality."

*  *  *

Watch SOTU Live here...

*   *   *

Mises' Connor O'Keeffe, warns: "Be on the Lookout for These Lies in Biden's State of the Union Address." 

On Thursday evening, President Joe Biden is set to give his third State of the Union address. The political press has been buzzing with speculation over what the president will say. That speculation, however, is focused more on how Biden will perform, and which issues he will prioritize. Much of the speech is expected to be familiar.

The story Biden will tell about what he has done as president and where the country finds itself as a result will be the same dishonest story he's been telling since at least the summer.

He'll cite government statistics to say the economy is growing, unemployment is low, and inflation is down.

Something that has been frustrating Biden, his team, and his allies in the media is that the American people do not feel as economically well off as the official data says they are. Despite what the White House and establishment-friendly journalists say, the problem lies with the data, not the American people's ability to perceive their own well-being.

As I wrote back in January, the reason for the discrepancy is the lack of distinction made between private economic activity and government spending in the most frequently cited economic indicators. There is an important difference between the two:

  • Government, unlike any other entity in the economy, can simply take money and resources from others to spend on things and hire people. Whether or not the spending brings people value is irrelevant

  • It's the private sector that's responsible for producing goods and services that actually meet people's needs and wants. So, the private components of the economy have the most significant effect on people's economic well-being.

Recently, government spending and hiring has accounted for a larger than normal share of both economic activity and employment. This means the government is propping up these traditional measures, making the economy appear better than it actually is. Also, many of the jobs Biden and his allies take credit for creating will quickly go away once it becomes clear that consumers don't actually want whatever the government encouraged these companies to produce.

On top of all that, the administration is dealing with the consequences of their chosen inflation rhetoric.

Since its peak in the summer of 2022, the president's team has talked about inflation "coming back down," which can easily give the impression that it's prices that will eventually come back down.

But that's not what that phrase means. It would be more honest to say that price increases are slowing down.

Americans are finally waking up to the fact that the cost of living will not return to prepandemic levels, and they're not happy about it.

The president has made some clumsy attempts at damage control, such as a Super Bowl Sunday video attacking food companies for "shrinkflation"—selling smaller portions at the same price instead of simply raising prices.

In his speech Thursday, Biden is expected to play up his desire to crack down on the "corporate greed" he's blaming for high prices.

In the name of "bringing down costs for Americans," the administration wants to implement targeted price ceilings - something anyone who has taken even a single economics class could tell you does more harm than good. Biden would never place the blame for the dramatic price increases we've experienced during his term where it actually belongs—on all the government spending that he and President Donald Trump oversaw during the pandemic, funded by the creation of $6 trillion out of thin air - because that kind of spending is precisely what he hopes to kick back up in a second term.

If reelected, the president wants to "revive" parts of his so-called Build Back Better agenda, which he tried and failed to pass in his first year. That would bring a significant expansion of domestic spending. And Biden remains committed to the idea that Americans must be forced to continue funding the war in Ukraine. That's another topic Biden is expected to highlight in the State of the Union, likely accompanied by the lie that Ukraine spending is good for the American economy. It isn't.

It's not possible to predict all the ways President Biden will exaggerate, mislead, and outright lie in his speech on Thursday. But we can be sure of two things. The "state of the Union" is not as strong as Biden will say it is. And his policy ambitions risk making it much worse.

*  *  *

The American people will be tuning in on their smartphones, laptops, and televisions on Thursday evening to see if 'sloppy joe' 81-year-old President Joe Biden can coherently put together more than two sentences (even with a teleprompter) as he gives his third State of the Union in front of a divided Congress. 

President Biden will speak on various topics to convince voters why he shouldn't be sent to a retirement home.

According to CNN sources, here are some of the topics Biden will discuss tonight:

  • Economic issues: Biden and his team have been drafting a speech heavy on economic populism, aides said, with calls for higher taxes on corporations and the wealthy – an attempt to draw a sharp contrast with Republicans and their likely presidential nominee, Donald Trump.

  • Health care expenses: Biden will also push for lowering health care costs and discuss his efforts to go after drug manufacturers to lower the cost of prescription medications — all issues his advisers believe can help buoy what have been sagging economic approval ratings.

  • Israel's war with Hamas: Also looming large over Biden's primetime address is the ongoing Israel-Hamas war, which has consumed much of the president's time and attention over the past few months. The president's top national security advisers have been working around the clock to try to finalize a ceasefire-hostages release deal by Ramadan, the Muslim holy month that begins next week.

  • An argument for reelection: Aides view Thursday's speech as a critical opportunity for the president to tout his accomplishments in office and lay out his plans for another four years in the nation's top job. Even though viewership has declined over the years, the yearly speech reliably draws tens of millions of households.

Sources provided more color on Biden's SOTU address: 

The speech is expected to be heavy on economic populism. The president will talk about raising taxes on corporations and the wealthy. He'll highlight efforts to cut costs for the American people, including pushing Congress to help make prescription drugs more affordable.

Biden will talk about the need to preserve democracy and freedom, a cornerstone of his re-election bid. That includes protecting and bolstering reproductive rights, an issue Democrats believe will energize voters in November. Biden is also expected to promote his unity agenda, a key feature of each of his addresses to Congress while in office.

Biden is also expected to give remarks on border security while the invasion of illegals has become one of the most heated topics among American voters. A majority of voters are frustrated with radical progressives in the White House facilitating the illegal migrant invasion. 

It is probable that the president will attribute the failure of the Senate border bill to the Republicans, a claim many voters view as unfounded. This is because the White House has the option to issue an executive order to restore border security, yet opts not to do so

Maybe this is why? 

While Biden addresses the nation, the Biden administration will be armed with a social media team to pump propaganda to at least 100 million Americans. 

"The White House hosted about 70 creators, digital publishers, and influencers across three separate events" on Wednesday and Thursday, a White House official told CNN. 

Not a very capable social media team... 

The administration's move to ramp up social media operations comes as users on X are mostly free from government censorship with Elon Musk at the helm. This infuriates Democrats, who can no longer censor their political enemies on X. 

Meanwhile, Democratic lawmakers tell Axios that the president's SOTU performance will be critical as he tries to dispel voter concerns about his elderly age. The address reached as many as 27 million people in 2023. 

"We are all nervous," said one House Democrat, citing concerns about the president's "ability to speak without blowing things."

The SOTU address comes as Biden's polling data is in the dumps

BetOnline has created several money-making opportunities for gamblers tonight, such as betting on what word Biden mentions the most. 

As well as...

We will update you when Tucker Carlson's live feed of SOTU is published. 

Tyler Durden Fri, 03/08/2024 - 07:44

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What is intersectionality and why does it make feminism more effective?

The social categories that we belong to shape our understanding of the world in different ways.

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Mary Long/Shutterstock

The way we talk about society and the people and structures in it is constantly changing. One term you may come across this International Women’s Day is “intersectionality”. And specifically, the concept of “intersectional feminism”.

Intersectionality refers to the fact that everyone is part of multiple social categories. These include gender, social class, sexuality, (dis)ability and racialisation (when people are divided into “racial” groups often based on skin colour or features).

These categories are not independent of each other, they intersect. This looks different for every person. For example, a black woman without a disability will have a different experience of society than a white woman without a disability – or a black woman with a disability.

An intersectional approach makes social policy more inclusive and just. Its value was evident in research during the pandemic, when it became clear that women from various groups, those who worked in caring jobs and who lived in crowded circumstances were much more likely to die from COVID.

A long-fought battle

American civil rights leader and scholar Kimberlé Crenshaw first introduced the term intersectionality in a 1989 paper. She argued that focusing on a single form of oppression (such as gender or race) perpetuated discrimination against black women, who are simultaneously subjected to both racism and sexism.

Crenshaw gave a name to ways of thinking and theorising that black and Latina feminists, as well as working-class and lesbian feminists, had argued for decades. The Combahee River Collective of black lesbians was groundbreaking in this work.

They called for strategic alliances with black men to oppose racism, white women to oppose sexism and lesbians to oppose homophobia. This was an example of how an intersectional understanding of identity and social power relations can create more opportunities for action.

These ideas have, through political struggle, come to be accepted in feminist thinking and women’s studies scholarship. An increasing number of feminists now use the term “intersectional feminism”.

The term has moved from academia to feminist activist and social justice circles and beyond in recent years. Its popularity and widespread use means it is subjected to much scrutiny and debate about how and when it should be employed. For example, some argue that it should always include attention to racism and racialisation.

Recognising more issues makes feminism more effective

In writing about intersectionality, Crenshaw argued that singular approaches to social categories made black women’s oppression invisible. Many black feminists have pointed out that white feminists frequently overlook how racial categories shape different women’s experiences.

One example is hair discrimination. It is only in the 2020s that many organisations in South Africa, the UK and US have recognised that it is discriminatory to regulate black women’s hairstyles in ways that render their natural hair unacceptable.

This is an intersectional approach. White women and most black men do not face the same discrimination and pressures to straighten their hair.

View from behind of a young, black woman speaking to female colleagues in an office
Intersectionality can lead to more inclusive organisations, activism and social movements. Rawpixel.com/Shutterstock

“Abortion on demand” in the 1970s and 1980s in the UK and USA took no account of the fact that black women in these and many other countries needed to campaign against being given abortions against their will. The fight for reproductive justice does not look the same for all women.

Similarly, the experiences of working-class women have frequently been rendered invisible in white, middle class feminist campaigns and writings. Intersectionality means that these issues are recognised and fought for in an inclusive and more powerful way.

In the 35 years since Crenshaw coined the term, feminist scholars have analysed how women are positioned in society, for example, as black, working-class, lesbian or colonial subjects. Intersectionality reminds us that fruitful discussions about discrimination and justice must acknowledge how these different categories affect each other and their associated power relations.

This does not mean that research and policy cannot focus predominantly on one social category, such as race, gender or social class. But it does mean that we cannot, and should not, understand those categories in isolation of each other.

Ann Phoenix does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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Biden defends immigration policy during State of the Union, blaming Republicans in Congress for refusing to act

A rising number of Americans say that immigration is the country’s biggest problem. Biden called for Congress to pass a bipartisan border and immigration…

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President Joe Biden delivers his State of the Union address on March 7, 2024. Alex Brandon-Pool/Getty Images

President Joe Biden delivered the annual State of the Union address on March 7, 2024, casting a wide net on a range of major themes – the economy, abortion rights, threats to democracy, the wars in Gaza and Ukraine – that are preoccupying many Americans heading into the November presidential election.

The president also addressed massive increases in immigration at the southern border and the political battle in Congress over how to manage it. “We can fight about the border, or we can fix it. I’m ready to fix it,” Biden said.

But while Biden stressed that he wants to overcome political division and take action on immigration and the border, he cautioned that he will not “demonize immigrants,” as he said his predecessor, former President Donald Trump, does.

“I will not separate families. I will not ban people from America because of their faith,” Biden said.

Biden’s speech comes as a rising number of American voters say that immigration is the country’s biggest problem.

Immigration law scholar Jean Lantz Reisz answers four questions about why immigration has become a top issue for Americans, and the limits of presidential power when it comes to immigration and border security.

President Joe Biden stands surrounded by people in formal clothing and smiles. One man holds a cell phone camera close up to his face.
President Joe Biden arrives to deliver the State of the Union address at the US Capitol on March 7, 2024. Chip Somodevilla/Getty Images

1. What is driving all of the attention and concern immigration is receiving?

The unprecedented number of undocumented migrants crossing the U.S.-Mexico border right now has drawn national concern to the U.S. immigration system and the president’s enforcement policies at the border.

Border security has always been part of the immigration debate about how to stop unlawful immigration.

But in this election, the immigration debate is also fueled by images of large groups of migrants crossing a river and crawling through barbed wire fences. There is also news of standoffs between Texas law enforcement and U.S. Border Patrol agents and cities like New York and Chicago struggling to handle the influx of arriving migrants.

Republicans blame Biden for not taking action on what they say is an “invasion” at the U.S. border. Democrats blame Republicans for refusing to pass laws that would give the president the power to stop the flow of migration at the border.

2. Are Biden’s immigration policies effective?

Confusion about immigration laws may be the reason people believe that Biden is not implementing effective policies at the border.

The U.S. passed a law in 1952 that gives any person arriving at the border or inside the U.S. the right to apply for asylum and the right to legally stay in the country, even if that person crossed the border illegally. That law has not changed.

Courts struck down many of former President Donald Trump’s policies that tried to limit immigration. Trump was able to lawfully deport migrants at the border without processing their asylum claims during the COVID-19 pandemic under a public health law called Title 42. Biden continued that policy until the legal justification for Title 42 – meaning the public health emergency – ended in 2023.

Republicans falsely attribute the surge in undocumented migration to the U.S. over the past three years to something they call Biden’s “open border” policy. There is no such policy.

Multiple factors are driving increased migration to the U.S.

More people are leaving dangerous or difficult situations in their countries, and some people have waited to migrate until after the COVID-19 pandemic ended. People who smuggle migrants are also spreading misinformation to migrants about the ability to enter and stay in the U.S.

Joe Biden wears a black blazer and a black hat as he stands next to a bald white man wearing a green uniform and a white truck that says 'Border Patrol' in green
President Joe Biden walks with Jason Owens, the chief of the U.S. Border Patrol, as he visits the U.S.-Mexico border in Brownsville, Texas, on Feb. 29, 2024. Jim Watson/AFP via Getty Images

3. How much power does the president have over immigration?

The president’s power regarding immigration is limited to enforcing existing immigration laws. But the president has broad authority over how to enforce those laws.

For example, the president can place every single immigrant unlawfully present in the U.S. in deportation proceedings. Because there is not enough money or employees at federal agencies and courts to accomplish that, the president will usually choose to prioritize the deportation of certain immigrants, like those who have committed serious and violent crimes in the U.S.

The federal agency Immigration and Customs Enforcement deported more than 142,000 immigrants from October 2022 through September 2023, double the number of people it deported the previous fiscal year.

But under current law, the president does not have the power to summarily expel migrants who say they are afraid of returning to their country. The law requires the president to process their claims for asylum.

Biden’s ability to enforce immigration law also depends on a budget approved by Congress. Without congressional approval, the president cannot spend money to build a wall, increase immigration detention facilities’ capacity or send more Border Patrol agents to process undocumented migrants entering the country.

A large group of people are seen sitting and standing along a tall brown fence in an empty area of brown dirt.
Migrants arrive at the border between El Paso, Texas, and Ciudad Juarez, Mexico, to surrender to American Border Patrol agents on March 5, 2024. Lokman Vural Elibol/Anadolu via Getty Images

4. How could Biden address the current immigration problems in this country?

In early 2024, Republicans in the Senate refused to pass a bill – developed by a bipartisan team of legislators – that would have made it harder to get asylum and given Biden the power to stop taking asylum applications when migrant crossings reached a certain number.

During his speech, Biden called this bill the “toughest set of border security reforms we’ve ever seen in this country.”

That bill would have also provided more federal money to help immigration agencies and courts quickly review more asylum claims and expedite the asylum process, which remains backlogged with millions of cases, Biden said. Biden said the bipartisan deal would also hire 1,500 more border security agents and officers, as well as 4,300 more asylum officers.

Removing this backlog in immigration courts could mean that some undocumented migrants, who now might wait six to eight years for an asylum hearing, would instead only wait six weeks, Biden said. That means it would be “highly unlikely” migrants would pay a large amount to be smuggled into the country, only to be “kicked out quickly,” Biden said.

“My Republican friends, you owe it to the American people to get this bill done. We need to act,” Biden said.

Biden’s remarks calling for Congress to pass the bill drew jeers from some in the audience. Biden quickly responded, saying that it was a bipartisan effort: “What are you against?” he asked.

Biden is now considering using section 212(f) of the Immigration and Nationality Act to get more control over immigration. This sweeping law allows the president to temporarily suspend or restrict the entry of all foreigners if their arrival is detrimental to the U.S.

This obscure law gained attention when Trump used it in January 2017 to implement a travel ban on foreigners from mainly Muslim countries. The Supreme Court upheld the travel ban in 2018.

Trump again also signed an executive order in April 2020 that blocked foreigners who were seeking lawful permanent residency from entering the country for 60 days, citing this same section of the Immigration and Nationality Act.

Biden did not mention any possible use of section 212(f) during his State of the Union speech. If the president uses this, it would likely be challenged in court. It is not clear that 212(f) would apply to people already in the U.S., and it conflicts with existing asylum law that gives people within the U.S. the right to seek asylum.

Jean Lantz Reisz does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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