Biden is making immigration moves that will pay off: Janet Napolitano

When he was sworn in on Jan. 20, President Joe Biden inherited a set of border security and immigration policies that can only be viewed as draconian and ineffective. Now, 100 days in, we are seeing glimmers of an immigration framework that is both sane and humane.

For the better part of 30 years, I have worked in and around border and immigration policy. As a former U.S. attorney, Arizona attorney general and Arizona governor, I was in public office at a time when illegal crossings and immigration flows were at all-time highs because the federal government had failed to properly manage the border.

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Later, as U.S. secretary of Homeland Security, I oversaw fundamental transformations in federal immigration and border policy that led to a more secure, stable border environment and sensible interior enforcement priorities, including the creation of the Deferred Action for Childhood Arrivals program.

Finally, as president of the University of California, I presided over a university system that was home to thousands of DACA recipients and immigrant students. So I know something about these issues.

Recreating systems from scratch

Here are the facts.

President Donald Trump’s border wall was a breach of public integrity and fiscal stewardship — it was bad policy and it didn’t work. As governor of Arizona, I once said, "You show me a 50-foot wall, I'll show you a 51-foot ladder." That was correct in 2005 when I said it and it is correct today.

The construction of physical barriers, or fencing, is absolutely critical along parts of the border, but a wall from San Diego to Brownsville, Texas, was unnecessary, wasteful and a distraction. Biden has stated he will put an end to it and has begun redeploying those resources into security features that actually work, namely technology, manpower and infrastructure where required.

Next, Biden began processing asylum claims of unaccompanied minors who arrived at our borders. This has been easier said than done as the Trump administration wasn’t processing anyone. The entire machinery for sheltering minors and getting them resettled with vetted family members or other adults had to be recreated as if from scratch. The Biden team took some heat for this (the Republicans were quick to call it a crisis) but now there’s a plan and, over time, the asylum process set forth in federal law will be restored and streamlined.

Recognizing that immigration flows are best dealt with in their country of origin rather than waiting until they appear at our borders, President Biden gave Vice President Kamala Harris the same remit he had been given by President Barack Obama: Work with foreign governments, nonprofits and other institutions to reduce the incentive for Central Americans to immigrate unlawfully to this country. This will be intensive and long-term work, not designed to garner headlines, but the commitment is there.

The president has also directed the Department of Homeland Security to recalibrate its interior enforcement priorities toward convicted criminals and away from otherwise law-abiding individuals who pose no public safety threat.

This is a significant shift, and the net effect of it is that law enforcement can prioritize its time, resources and energy on individuals who are likely to pose a threat to society instead of those who are at no risk of criminality, such as DACA recipients.

An unpopular failure: Cruelty at the border is not the same as strength or an effective immigration strategy

As well as Biden’s first 100 days have gone, he cannot fix the problems of a broken and battered immigration system alone. He needs help from Congress. The good news is he intends to ask for it. The bad news is Congress hasn’t been able to act on immigration since the Reagan administration. To put it in perspective, that was before the internet was available, before text messaging existed and before the compact disc peaked, died and was replaced altogether by streaming.

Who drives around on a flat tire for 35 years? Apparently, America does when it comes to immigration, and this simply must change.

Congress must upgrade our laws

I have been advocating for immigration reform since the mid-1990s. The so-called crisis at the border — that Biden inherited from the prior administration — would never have existed had the country reformed its immigration laws years before Trump ever came to office. We would not have irregular and constantly changing enforcement policies, inconsistent and overly restrictive visa practices nor insufficiently articulated border security requirements.

It should be resolved with an upgrade to the nation’s immigration laws that combines strong border security with an effective asylum system. We should update and improve visa processes that enable more lawful immigrants to enter our country as generations have in the past. A temporary worker program should be created that recognizes our country’s labor needs while also recognizing that many immigrants from Central America wish to return home after they have had the opportunity to earn some income in the USA. It is imperative that Congress works with the president on these needed reforms.

A 'crisis' that's not new: Biden is facing challenges at the border, but Republicans are undermining him

While we await this legislative action, however, we can evaluate the steps President Biden is taking. Although his immigration efforts receive the lowest polling numbers of any of his initiatives, the steps he has taken are consistent with best practice and sound border management, and are in the spirit of our nation’s laws and values.

It will simply take more than 100 days to show affirmative results on an issue that, for far too long, has vexed our politics and mired us in partisan posturing as opposed to practical, effective policy.

Janet Napolitano, a professor of public policy and director of the new Center for Security in Politics at the UC Berkeley's Goldman School of Public Policy, was secretary of Homeland Security in the Obama administration. She has also served as Arizona attorney general, Arizona governor and, most recently, president of the University of California.

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This article originally appeared on USA TODAY: Biden's sane, humane immigration policies will be effective given time