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What Brown Center scholars will be watching in education policy and politics in 2023

From the continued response to pandemic disruptions to culture war issues that have surfaced in schools, 2022 was an eventful year for U.S. schools and…

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By Daphna Bassok, Michael Hansen, Douglas N. Harris, Katharine Meyer, Rachel M. Perera, Jon Valant, Kenneth K. Wong

From the continued response to pandemic disruptions to culture war issues that have surfaced in schools, 2022 was an eventful year for U.S. schools and education policy. That looks to be true for 2023 as well.

Below, experts from the Brown Center on Education Policy identify the education stories that they’ll be following in 2023, providing analysis on how these issues could shape the learning landscape for the next 12 months—and possibly well into the future.

DAPHNA BASSOK (@DaphnaBassok)
Nonresident Senior Fellow:

In 2023, I’ll be watching innovative state and local efforts to better fund childcare and better support early educators. The pandemic highlighted the essential role childcare plays in the lives of children, families, and the U.S. economy. It also made clear that without greater public support, childcare providers cannot pay teachers adequately and cannot offer families essential supports. The high teacher turnover rates common in early childhood settings compromise quality, and during the pandemic, they also compromised access to care.  In Virginia, two thirds of publicly funded childcare centers shut down classrooms or turned families away because they could not recruit and retain teachers. 

Pandemic relief dollars provided an essential lifeline to childcare. However, as these funds run out, states are now facing a stark funding cliff which will exacerbate staffing challenges considerably. New Mexico recently passed a ballot measure to establish a permanent funding source in the state constitution, making it the first state in the country to do so. Washington, D.C. approved funding to work towards childcare compensation that approaches the pay of other D.C. teachers.  Virginia recently changed their approach to funding subsidized childcare to better account for the true cost of childcare, including better compensation. I’m hopeful other states will follow with big investments and that as the federal funding cliff approaches, we’ll finally see large federal investments in childcare. 


MICHAEL HANSEN (@DrMikeHansen)
Senior Fellow:

Heading into 2023, I am monitoring the status of the K-12 teacher workforce and reports of teacher shortages. The COVID-19 pandemic has stretched many schools’ human resources in recent years, with teachers reporting heightened burnout and intentions to leave. Combined with preexisting trends of a weakening teacher pipeline and anemic application pools for certain positions and settings, many worried that we may tip into a full-scale crisis. 

I am pleased to report that recent evidence increasingly points in the direction of the teacher workforce weathering the storm, even if the rains haven’t yet fully subsided. For example, district surveys from the spring of 2022 pointed to expected turnover in the current school year (2022-2023) likely being slightly less taxing than last year (2021-2022). New evidence from Washington State shows even the elevated turnover experienced in 2021-2022 was within the range of historical teacher turnover spanning nearly four decades. Finally, another new study from Illinois points to increased staffing levels, particularly among non-teacher staff, as the primary driver of elevated vacancies in schools, even as student enrollments are falling. These reports and other data points give me confidence that we’ll make it through. 

Don’t celebrate just yet, though. We still have work to do shoring up localized shortages in spots that have persistent hiring problems and doing what we can to make the teaching profession more attractive, especially among people of color. 


DOUGLAS N. HARRIS (@DouglasHarris99)
Nonresident Senior Fellow:

The first thing I’m looking for in 2023 is a sign that educators, families, and students have responded to COVID-19 by making permanent and systemic improvements in schooling. As I’ve written before, COVID-19 forced everyone into novel practices. Did they develop new habits that are having lasting positive influence, such as using new kinds of devices and software? Or did remote learning create bad habits (e.g., distraction from smart phones) that are making it even more difficult for students to rebound? Anecdotally, I think the answer is “both,” but I hope some enterprising researchers and journalists are looking into this. 

There’s also something I’m not looking for: I don’t expect a noticeable student rebound from COVID-19 learning loss anytime soon. The early evidence doesn’t provide much reason for hope. I think this is because: (a) if educators knew how to get students to catch up from a massive upheaval like this, they would have already been doing this for struggling students before COVID-19; (b) hiring more educators or bringing in new programs with the ESSER funds has proven difficult because of the tight labor market and temporary nature of the funds; and (c) the take-up rate on voluntary, after-school learning activities has been low 

I’m not exactly optimistic that we’ll “solve” this quickly, but hopefully there’s at least a silver lining in the form of better teaching that will help address the problem gradually, over the long run. 


KATHARINE MEYER (@KatharineMeyer)
Fellow:

In 2023, my eyes are on the Supreme Court for two consequential higher education decisions. First will be an expedited hearing on the Biden administration’s proposed student loan forgiveness program. The administration accepted 26 million applications for debt relief this fall; however, forgiveness is on hold until the Supreme Court hears oral arguments in February about the legality of the program. For now, the administration has extended the pause on loan repayment. But regardless of the Court’s ruling, restarting payments on remaining balances after a three-year pause will be a significant shift in individuals’ budgets. It is incumbent on the Department of Education to provide borrowers with clear, advance communication about repayment options and resources to avoid default. 

Second, the Court heard arguments in October2022 about the consideration of race in college admissions in two separate cases. I anticipate the Court will rule in favor of the plaintiff in both cases, effectively ending the use of affirmative action. This raises the question of how colleges will shift their recruitment and admissions processes to advance their goals of a diverse community of scholars. Colleges will need to examine what other admissions practices, such as legacy admissions or the review of test scores, they may need to adjust to achieve their mission. 


RACHEL PERERA (@RachelMarisa)
Fellow:

In 2023, I will be following two issues in K-12 education policy that have important implications for equity.  

First, the Biden administration has signaled that new guidance on how public schools can avoid racial discrimination in school discipline may be forthcoming. Any new guidance is expected to mirror guidelines published in 2014 by the Obama administration (and rescinded by the Trump administration in 2018). The Obama-era guidelines relied on a broader definition of racial discrimination (“disparate impact”) than had been used by prior Republican administrations (“disparate treatment”). This is notable because a “disparate impact” theory of discrimination is better aligned with contemporary understandings of how racial discrimination shapes school outcomes.  

I will also be following how school districts spend their remaining COVID-19 relief aid and the implementation of COVID-19 recovery interventions in schools. Emerging research and journalistic reports indicate that school districts are facing significant challenges implementing evidence-based interventions to support students recovering from the varied harms of the pandemic. Other work suggests that the scale of COVID-19 recovery funding provided to schools may be insufficient to meet the current needs of U.S. schools and students. To ensure that students, families, and educators get the support they need, it is critical that we continue to track how COVID-19 recovery in schools is faring. 


JON VALANT (@JonValant)
Senior Fellow and Director:

In 2023, I’ll be watching what happens with Republicans’ push for “parents’ rights” in schools. Several states have enacted so-called parents’ rights legislation already, with several others—including Texas, Missouri, and Kansas—poised to consider bills (or constitutional amendments) as the new legislative sessions begin. Even the new GOP House majority might pursue a Parents’ Bill of Rights despite decades-long skepticism from Republicans about federal action in K-12 education. With Democrats in control of the Senate and White House, that federal effort won’t go anywhere legislatively, but it could become a model for Republican-led state governments.  

That’s important because the details of these bills matter and have varied quite a bit. (FutureEd has a helpful policy tracker.) Some bills explicitly target teaching about race, gender, and/or sexuality—despite the potential harms to vulnerable students—while others read more like bureaucratic sets of reporting requirements. Some call for major reforms to school choice policies while others sidestep those issues entirely.  

Democrats may have something to say about parent supports, too, with continued interest in cutting childcare costs and reinstating an expanded child tax credit that slashed the child poverty rate. But even if it’s possible, with enough squinting, to see hope for bipartisan legislation, it certainly doesn’t feel like 2023 will be a year for bipartisanship in education. 


KENNETH K. WONG
Nonresident Senior Fellow:

Results of the local, state, and national elections in 2022 have shifted the landscape of education governance in 2023. Institutional tension is likely to intensify requiring extra efforts by elected officials and stakeholders to resolve their policy differences. At the national level, Republican control in the House will likely slow down, and in some cases, reverse President Biden’s education equity agenda. Congressional oversight will intensify over functions of the U.S. Department of Education and in civil rights enforcement conducted by the U.S. Department of Justice. Challenges against the Biden administration’s policies will also come from states where Republican governors and state attorneys have received strong electoral support. These state leaders will launch legal challenges and legislative actions to resist Biden’s executive initiatives.  Finally, at the local level, school board elections have become a contested terrain. While Moms for Liberty, a parental rights group, reported victory for about half of their endorsed board candidates, the National Education Association claimed electoral success for about 70% of their endorsed candidatesA critical issue is whether and how divided governance at all levels will affect schooling opportunity, accountability, and quality for all students in 2023.   

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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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