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Crescat Capital 3Q20 Commentary: Global Synchronized Debasement

Crescat Capital 3Q20 Commentary: Global Synchronized Debasement

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gold and silver mining companies

Crescat Capital commentary for the third quarter ended September 2020, in which they discuss buying undervalued gold and silver mining companies.

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Q3 2020 hedge fund letters, conferences and more

Dear Investors:

History does not exactly repeat, but it often rhymes. The art and science of macro investing is comparing past business cycles with the present across a mosaic of different indicators and time frames to determine the most probable path forward for markets. Throughout time, financial markets and the economy have been intimately linked to cycles of expansion and contraction of money and credit. The Federal Reserve was created by bankers and enacted by Congress in 1913 to provide a more flexible and stable monetary and financial system, but by no means did the Fed repeal the business cycle. In fact, the central bank has often played a role in amplifying booms and busts. For example, after introducing large-scale purchases of government securities to stem the recession of 1923, the Fed continued to expand the money supply and suppress interest rates through the remainder of the 1920s. Such monetary policy fanned the flames of historic stock market speculation which culminated in the stock market crash of 1929 to 1932 and the Great Depression. The macro set-up today is eerily similar as we will explain below.

The Fed operates under the premise that it is making the financial system safer by attempting to stabilize the credit cycle, but since the Global Financial Crisis, monetary policy has served less like a temporary, elastic tool to smooth the business cycle and more like an addictive drug that requires a bigger and bigger dose to have the same effect while at the same time making its subject more imbalanced and prone to crash.

At Crescat, our composite of eight fundamental stock market valuations measures shows that we have the most euphorically over-valued US stock market in history, higher than 1929 and higher than 2000. As prudent investors and fiduciaries, we are forced to devise strategies to protect against the combined risks of the most overvalued US stock market and the largest global debt-to-GDP imbalance ever. The historic blueprint for the unwinding of such twin manias is the reason why we are such big proponents of the “buy gold and sell stocks” theme at Crescat today.

Buying Undervalued Gold And Silver Mining Companies

There are three useful case studies to understand why investors need to seriously consider a hedged strategy of shorting the most over-valued US equities and buying undervalued gold and silver mining companies in an attempt to capitalize on (rather than be run over by) the likely unwinding of today’s stock market and credit imbalances. Only one side needs to play out for this spread trade to work, but what is so interesting now is that history shows that both sides can win substantially under the macro setup like we have today:

1. The Deflationary Great Depression

The chart below illustrates how stocks were decimated in the credit deflationary bust of the Great Depression, but at essentially the same time, gold mining companies acted in counter cyclical fashion to create wealth during the downturn. Homestake Mining, the biggest gold producer of the time, increased seven-fold from 1930 to 1936 a period during which the US dollar was devalued from .048 ounces of gold to .026. Currency devaluation relative to gold was necessary then just as it is likely to be today to counter the deflationary impact of record debt-to-GDP imbalances combined with a stock market and economic collapse.

2. The 1973-74 Stagflationary Recession

Late 1972 was another macro set-up comparable to today in our analysis. Then, institutional investors were crowding into a narrow group of large cap growth stocks dubbed the Nifty Fifty driving them to extraordinarily high price-to-earnings valuations. By 1972, S&P 500 Index’s P/E was a then lofty 19, but the Nifty Fifty’s average P/E was more than twice that at 42. Among the richest valuations were Polaroid with a P/E of 91; McDonald’s, 86; Walt Disney, 82; and Avon Products, 65. The parallel to these stocks today are large cap growth oriented FAANG and software-as-a-service technology stocks. These stocks are owned by cabals of hedge fund whales and Robinhood traders alike. In the stock market collapse of 1973-74, S&P 500 Index was cut in half in just two years. From their respective highs, Xerox fell 71 percent, Avon 86 percent and Polaroid 91 percent. But over the same time, the Barron’s Gold Mining Index increased 5-fold! Meanwhile, just like in the Great Depression, the US dollar was being devalued relative to gold. This time, it was the end of the Bretton Woods monetary system and the US dollar gold standard. Surprise inflation was also arriving on the scene with the first of the 1970’s oil crises. 

3. The Tech Bust

The tech bust is the third comparable set-up to today, precipitated by another time of record stock over-valuation and low precious metals prices relative to money supply. From 2000 to 2002, the tech heavy Nasdaq composite declined 78%. 2000 also marked the bottom of a gold stock bear market. The Philadelphia Stock Exchange Gold and Silver Index would go on to increase five-fold from 2000 to 2008. Tech stock over-valuation is even more egregious today than it was in the dotcom bubble. Meanwhile, in our view, gold and silver stocks, particularly smaller cap exploration focused names that we favor at Crescat today, have only just started to rise off the depths of a ten-year bear market.

The Largest Supply/Demand Mismatch

We are now at the onset of a major global synchronized debasement. Today’s historically depressed macro environment has hamstrung central banks to pursue a suicide mission set to severely devalue fiat currencies in coordinated fashion. It’s inevitable and unavoidable. The combination of long-term debt imbalances and unprecedented levels of fiscal and monetary imprudence have likely reached an inflection point in the world economy to such a degree that we have the IMF conspicuously telegraphing the idea of a “New Bretton Woods Moment”.

As investors feel the urge to seek capital protection, this is soon to be one of the largest supply/demand mismatches we have ever seen in the gold market. For decades, the rise of popularity in risk parity strategies has abolished the use of monetary assets as part of conventional portfolio construction. The current macro set up, however, will likely reverse this trend. The fixed income and equity markets are both trading at record valuations and risk is now mispriced. With a long history of serving as a resilient hedge against monetary debasement, precious metals will likely become a key alternative for asset allocators.

The supply side of the market is arguably even more extreme. There were zero gold discoveries above 2 million ounces in the last 3 years. That’s right, zero. For the first time in history, precious metals companies are reluctant to spend capital even though gold prices have recently reached all-time highs. It’s the result of drastic capital conservatism imposed after a decade long bear market in the mining industry. This declining trend in exploration investments and the rising geological challenges to find and extract gold will likely ensure an incredibly constrained supply for the metal in the following years.

The Tech Reckoning

The debt overhang problem on such a severely impaired global economy inhibits the efficiency of stimulative polices to restore growth and to justify the historic valuations we currently see in equity markets. In our view, today’s mass of indolent market participants with unrealistic investment expectations is on the verge of facing the cold hard truth of a natural downturn in the business cycle.

Artificially low interest rates and the idea that the Fed has “got your back” has forced investors to move up the risk curve creating a crowded stock market environment. In particular, the tech sector is priced for perfection. The aggregate market cap of info tech companies now represents a record 43% of US GDP. This ratio is now over 26% higher than the internet bubble peak levels we reached in March 2000! We urge investors to be mindful of such important historical precedent. Equity markets are running on fumes. Sadly, most people refuse to learn from history.

The New Growth Stocks

Policy makers have no choice but to continue diluting the value of fiat currencies to enable a levered financial system to withstand such extreme macro imbalances. If past is prologue, large central bank interventionism leads to the appreciation of monetary assets and, in our view, precious metals will be the real beneficiaries of a global synchronized debasement trend that now seems irreversible. Therewith, gold and silver mining companies should be the largest beneficiaries of this environment. They look fundamentally stronger than any other industry in equity markets today. In fact, free cash flow among the top 20 miners have grown by 132% year over year in their latest report. Despite all its reputation of being capital destroyers, this industry is finally proving the contrary and becoming financially prudent. In aggregate, gold and silver miners did the second least amount of equity dilution in history while also paying down debt last quarter. As we pointed out in prior letters, if the precious metals industry were a sector, it would have the cleanest balance sheet of them all. Against all the odds of such a challenging business model, we believe gold and silver stocks are poised to become the new growth stocks of the next years.

Pedal to the Metal

Even though almost every economic indicator has somewhat bounced since the pandemic lows, fiscal deficits remain with the pedal floored to World War II levels. The speed of which the US government debt is now rising is unmatched to any other period since the break of the gold standard. Monetary and fiscal disorder have perhaps gone too far this time around and significant monetary debasement is, in our view, inevitable.

Global Synchronized Debasement

More is more. Jerome Powell, president and chairman of the Federal Reserve, recently made some truly remarkable statements when expressing his views about the potential size of further fiscal and monetary stimulus to fight the current recessionary forces:

The expansion is still far from complete. At this early stage, I would argue that the risks of policy intervention are still asymmetric. Too little support would lead to a weak recovery, creating unnecessary hardship. Even if policy actions ultimately prove to be greater than needed, they will not go to waste

Central banks are indeed hamstrung. The severity of the underlying problems in the global economy while asset prices remain completely detached from depressed fundamentals ensures the need for further monetary and fiscal response to prevent the stop of this rolling snowball. We are likely to see a continuation of extreme accommodative policies globally. As a result, it is no surprise that gold is already rising versus all fiat currencies in the monetary system. We think this is a trend that is poised to continue if not accelerate. We call this global synchronized debasement.

The Federal Reserve added about $3 trillion of assets to its balance sheet since late February when the pandemic began to noticeably hit the US while stocks started selling off. Other central banks didn’t perform quite the same amount but are now catching up fast. The Bank of Canada is a great example. Even though it’s coming off a lower base, the BoC has just taken its balance sheet assets from 7% to close to 30% of nominal GDP in one year. Of note, the Canadian economy has suffered significantly from its oil exposure and its historically leveraged housing market that requires an incredible amount of monetary support.

A Debt Trap

There have been critical unintended consequences of this prolonged period of cheap money. The US corporate bond market, for instance, has become one the most central bank dependent parts of financial markets today. Even though the Federal Reserve has purchased a less significant amount of these assets, its extreme accommodative policies allowed corporations to access the debt market at record low interest rates despite having the most leveraged balance sheets in history. How do we ever get out of this debt trap? The Fed has created its own monster and has no option other than to keep printing money to counter a deflationary debt implosion.

gold silver mining companies

Late Cycle Signs

The lack of investor skepticism after long-years of great excesses in equity markets only validates how late we are in the investment cycle. Demand for stocks has been insatiable and undiscerning. 2020 has already set the record for the largest dollar volume of IPOs. With still two months to go, we are already 36% higher than the full year 2000, the year the tech bubble peaked. Bear in mind that only 9% of all 2020’s IPOs were actually profitable, not unlike the tech bubble.

gold silver mining companies

Small caps are a big testament for the real shape of the economy. While overall stocks remain near record levels, the Russell 2000 peaked over two years ago. They have been trending with lower highs since then. Consequentially, the ratio of Russell 2000 to Nasdaq just reached near all-time lows and is about to retest tech bubble levels.

gold silver mining companies

Global Macro Fund Net Profit Attribution: Q3 2020

Below see Crescat’s performance by theme for our flagship global macro fund in the last quarter.

gold silver mining companies

Performance

Sincerely,

Kevin C. Smith, CFA

Founder & CIO

Tavi Costa

Partner & Portfolio Manager

The post Crescat Capital 3Q20 Commentary: Global Synchronized Debasement appeared first on ValueWalk.

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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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International

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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