By Ron Munden — 3/16/2021
Yes! Unforced errors can cost you an election. Let me give you an example. President Trump totally bungled the CODID-19 response. He was not reelected to a second term. I strongly believe that Trump would be President today if he had not made this unforced error.
Unfortunately, President Biden appears to be following in Trump’s footsteps when it comes to unforced errors.In fact I fear Biden is outperforming Trump in this area.
In the interest of full disclosure, let me say I don’t like writing this article. I voted for Biden. I had high hopes for him. I want him to be reelected but because of his unforced errors I see the chances of that fading away just 50 days into his administration.
Today all the oxygen in Washington is being consumed by the immigration problems at the southern border. Biden finds himself with that problem because of an unforced error he made. He decided to take on the complex issue of immagration in his first 100 days. Unfortunately this mistake may insure he is a one term President and the Republicans did not have to lift a finger.
Years back when I worked for a living, one of my rules of engagement was — never take ownership of someone else’s problem until you have a well throughout plan for solving that problem.
At this point I am reminded of Colin Powel’s pottery barn rule — if you break it. You own it.
Some may say Biden had to take on immigration now. That is not the case. Sure the immigration policy for the US needs work but not now. Biden needed a well thought out solution before he broke the pot.
A flawed statuesque is always better as a solution than uncontrolled chaos.
Whoever advised Biden to make this a top priority might look for other work. Clearly this is not his strong suit. I don’t recommend shifting the blame. The person that the top should be the first to get the blame if they signed off of the approach.
So expanding of Powell’s pottery barn story:
Very early in his administration, Joe Biden picked up the immigration pot and hammer. Without much thought he used a hammer (sometimes called an executive order) to break the pot. Shocked by the smell of the liquid in the pot which was running over his hands, he lost his balance. While trying to regain his balance, he stepped into a mature pile that he had not noticed.
So now Joe finds himself with shit on his shoes, god knows what on his hands and a broken pot.
This is the story of an unforced error.
I wish I could suggest a solution. I can’t. I do know is that fixing the immigration problem has become a lot more difficult because Joe broke that pot.
Sadly, that at this point Joe does not smell very good.
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Mike C. Miller
His first 100 days will not be remembered for minor shit like a crowd at the border. And he has a duty to comply with the law. The Ciurts have ruled that Trump immigration policy with regard to asylum seekers was illegal under US law (in addition to being cruel and a violation 9f international law).
Over half the refugees at the border are asylum seekers. Under U.S. and international law, we have an obligation to shelter them until their asylum claim is adjudicated. The first step in that process happens shortly after they are detained. After an initial inteview those who don’t have a colorable asylum claim are denied. But if your claim is colorable, you file a formal application for asylum and seek for removal to be withheld. Once that is granted, they stay here.
The real problem is that the Federal government doesn’t provide enough resources in terms of immigration judges to expiditiously move those cases. And of course the asylees need lawyers and very few lawyers practice immigration law or have the resources to gather the individualized evidence a persecution that will result in a favorable verdict.
The bar is doing it’s part to help, especially larger corporate firms. They are volunteering pro bono representation for many asylees. My ex-wife has helped on several cases at her firm and they have prevailed with a lot of hard work. Before Trump too office, roughtly 50 – 60% of asylum applicant meet their burden of proof for having their asylum granted. Those nubmers fell under Trump based on several illegal actions on his part, and unehtical poressure on immigration judges. Some of thos Trump era abuses were ended by the Consent Degree in Flores v. Rosen. President Biden has also taken some tentative steps to restore fairness and the rule of law to the situtaiton.
But more resources are need, especially in terms of appointing more immigration judges and hearing officers, and allowing potential aslyees to stay in the country so they can communicate with their lawyers. (Now, lawyers, get a zoom call with their client for a few mintues before the proceding starts. Imagine going to trial and only visiting with your lawyer a few minutes before it happens!)
But the Biden administration is moving to make the humanitarian situation better at the border. They hope to have the intial credibility hearings more quickly, to have FEMA help house and provide medical services to asylees until they can settle with family, and most importantly, restoring the rule of law to the immigration procedings. it’s a complex issue, and like all complex issues, the solution is not simple. If it was simple, it would have been fixed years ago.
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Ron Munden
Mike C. Miller I do not disagree with a word you say. However I am am engineer not a lawyer. I look at numbers. I see the immigration issue costing Biden votes everyday. So Biden might be doing the right thing but I believe that it will cost the Democrats the House and Senate in 2022 and the Presidency in 2024. I assure you that is not I want to see happen. I assume you see it dfifferently.
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