Fact-check
Did Biden "Open" the Southern Border? Fact-Checking the Claim
Biden reversed key Trump-era enforcement measures and presided over record border encounters, but 'opened the border with unrestricted immigration' is Misleading: 2.5M+ expulsions occurred, FY2024…
By The Crosscheck Desk · 2026-07-10
The Biden administration opened the U.S. southern border, allowing unrestricted illegal immigration
The Better Question
The phrase "opened the border" implies that a gate once shut was swung wide and left unguarded. That did not happen. What did happen is that the Biden administration deliberately reversed a set of Trump-era enforcement mechanisms, changed enforcement priorities, and — particularly in its first year — faced an operational surge it did not fully control. The useful question is not yes-or-no, but what specifically changed, what did not, and what drove the record encounter volumes.
This matters because framing the issue as "open vs. closed" forecloses the factual record. During the four Biden fiscal years (FY2021–FY2024), CBP recorded roughly 10.8 million total encounters at the southern border, numbers that would have been unthinkable in the pre-Biden decade.[9] But those same four years also saw more than 2.5 million Title 42 expulsions, a record 271,000 deportations in FY2024, and two major policy reversals where Biden himself tightened the border. Both facts belong in the same frame.
What Biden Reversed on Day 1
On January 20, 2021, Biden signed a cluster of executive orders and proclamations that dismantled the core architecture of Trump's immigration enforcement posture.[1]
| Policy | Status | Effect |
|---|---|---|
| Border wall construction | Reversed | Halted immediately; pending contracts paused |
| Migrant Protection Protocols (MPP / "Remain in Mexico") | Reversed | New enrollments suspended Day 1; program wound down over 2021–2022 |
| Asylum for domestic/gang violence victims | Reversed | Restored Obama-era eligibility; Trump had eliminated these categories |
| Family separation policy | Reversed | Rescinded January 26, 2021 |
| Interior enforcement priorities | Reversed | ICE shifted to focusing on violent offenders; broader deportation dragnet ended |
| Title 42 (COVID expulsion authority) | Kept | Maintained through May 11, 2023, despite advocacy pressure to end it |
| Border Patrol agents and infrastructure | Kept | ~20,000 agents remained deployed; existing fencing and surveillance maintained |
| CHNV humanitarian parole program | Added | Launched January 2023; 531,000+ paroled through legal airport pathways by Sept. 2024 |
| June 2024 asylum emergency proclamation | Added | Suspended asylum at the border when daily encounters exceeded 2,500[5][6] |
The Migrant Protection Protocols reversal is the policy critics most frequently point to when using the "open border" label. Under MPP, roughly 81,000 asylum seekers had been returned to Mexico to await U.S. immigration hearings, a practice that significantly deterred irregular crossing. Ending it (without a ready substitute) removed a meaningful bottleneck on Day 1.
Changing ICE's interior enforcement priorities had a different, quieter effect: communities that had lived under threat of deportation regardless of prior criminal record no longer faced that exposure, and data show a measurable drop in interior deportations in the early Biden years. Critics argued this sent a signal that reduced the perceived cost of irregular entry. Those arguments deserve serious weight, which is why this verdict is Misleading and not False.
Enforcement That Continued
Much of what critics described as "opening the border" was, in enforcement terms, the removal of amplifiers while leaving the base infrastructure in place. The base infrastructure continued operating throughout Biden's term.
That's the core enforcement reality the "open border" framing leaves out. An administration that expelled over 2.5 million people at the border did not leave that border "open." The critics' accurate claim is that Biden expelled fewer people per encounter than Trump did under Title 42 (roughly 51% at the peak vs. over 80% under Trump), and that the remaining encounters were increasingly processed and released pending immigration hearings — an enforcement gap, but not the absence of enforcement.
On deportations, the picture is also more complex than the "open border" charge implies. Biden's deportation totals started low (FY2021: approximately 59,000 removals, partly because of pandemic disruption and court-blocked policies) then climbed steadily.[2] By FY2024, ICE completed 271,484 deportations — the highest figure in a decade.[12] Over Biden's full term, deportation volumes were roughly comparable to Trump's first term totals.
Border enforcement infrastructure also remained intact. Approximately 20,000 Border Patrol agents remained deployed throughout Biden's presidency.[7] Hundreds of miles of existing fencing and surveillance towers continued operating. The Cato Institute, writing from a libertarian and generally pro-immigration perspective, documented that Biden was on track to admit fewer than 10,000 refugees in his first year (a historically low ceiling), and that despite narrative claims about open access, the administration "smashed all records for immediate expulsions without due process."[4]
The Numbers in Context
The Biden era produced encounter volumes without recent precedent. Total CBP encounters from FY2021 through FY2024 reached roughly 10.8 million, compared to approximately 3 million nationwide across all four Trump years (FY2017–FY2020).[9] FY2023 set a single-year record.
Total CBP encounters, southwest border (approximate). ★ = single-year record. FY2019 was the peak pre-pandemic Trump year; FY2020 declined sharply due to COVID-era travel restrictions. Sources: CBP via House Committee on Homeland Security (FY2021–2024); government statistics for prior years.
The chart shows a dramatic surge that coincided with Biden's first year in office and continued rising. What it cannot show is causation. Border encounter volumes reflect a mix of policy signals and structural forces operating on both sides of the border simultaneously. In the years Biden took office, Venezuela's economy had contracted by more than 75% since 2013, the largest non-conflict economic collapse in nearly half a century.[10] The Northern Triangle countries were recovering from two back-to-back hurricanes in 2020 that devastated agricultural regions where roughly a quarter of the workforce depends on farming.[8] Post-COVID mobility surged worldwide.
These push factors do not excuse Biden's policy choices or the operational failures at the border. But attributing the entire surge to his policies overstates what the evidence supports. Countries to the south of the US (Panama, Costa Rica, Mexico) also recorded record migration flows during the same years, driven by the same displacement pressures.
Steelman: The Case for "Opened the Border"
The critics' most defensible version of this charge goes like this: the Biden administration sent a clear signal on Day 1 (ending MPP, halting wall construction, proposing a pathway for 11 million undocumented immigrants) that the US was moving from deterrence to processing. That signal had real effects. People who would have been returned to Mexico under MPP were instead detained briefly and released with a Notice to Appear, entering the US interior. People who would have faced immediate expulsion under Trump's Title 42 maximum-use posture were instead processed at lower rates. Interior enforcement dropped sharply, reducing the perceived risk of overstaying or crossing undetected. The administration released tens of thousands per month pending hearings many would never attend. The CHNV parole program, while legal, channeled 531,000+ additional people into the US using executive authority critics argued far exceeded its intended scope.
On this reading, "opened" is rhetorical compression for an actual policy direction: Biden deliberately reduced deterrence at every point of the enforcement chain, and the record crossing numbers are the predictable result. The enforcement that continued (Title 42, deportations) was retention of Trump's own tools, and when those tools were finally removed (Title 42 ended May 2023), the surge continued. Biden's own June 2024 emergency action (explicitly invoking Trump-style executive authority to close the border) implicitly conceded that his earlier approach had failed. A president who shuts down asylum at the border is not a president who "opened" it, but his need to do so is evidence that something was wrong with the prior posture.
Score: 3/5. This version of the claim is substantially more accurate than the simple "opened the border" framing, and it's the version a serious critic would make. It doesn't score higher because "opened" and "unrestricted" remain overstatements: enforcement operated throughout, millions were expelled, and Biden's policy changed significantly over four years. The claim as stated admits no nuance the evidence demands.
The Frame Problem
The "open border" charge is partly a political category, a term that in Republican usage means "more permissive than what we would have done" rather than literally no enforcement. By that definition, any Democratic immigration policy is an "open border." PolitiFact found that immigration experts consistently declined to call Biden's approach "open borders," noting that the border has never had fewer than 15,000–20,000 agents, hundreds of miles of fencing, or active deportation proceedings at any point in recent decades.[7]
"Unrestricted illegal immigration" is the part of the claim that fails most cleanly on the evidence. Over Biden's four years, millions of people were expelled, deported, or turned away. The people released into the interior with Notices to Appear were released into a legal process; they were in the immigration system, not outside it. "Unrestricted" means no restrictions apply. That description fits none of the four years of Biden's presidency.
The accurate version of the claim: Biden reversed Trump's most aggressive enforcement mechanisms, changed enforcement priorities toward processing over expulsion, and presided over record-high encounter volumes that reflected both those policy shifts and major structural push factors. Whether that combination constitutes "opening" the border is a political judgment, not a factual one. The factual record is that enforcement never stopped, that Biden himself recognized the posture was insufficient and corrected it in 2024, and that calling the result "unrestricted" is not supported by what the data shows.
What to Watch
- FY2025 border volumes under Trump 2.0: Southwest border encounters for fiscal year 2025 fell to 237,538, the lowest annual total since 1970, according to Pew Research analysis of CBP data published in February 2026.[11] This dramatic drop confirms that policy can move encounter volumes sharply in both directions and provides a counterfactual for what different enforcement choices produce. It also complicates the "it was all push factors" defense of Biden's numbers: the same push factors were present in 2025, and encounters collapsed.
- CHNV parole program status: The Trump administration issued termination notices for the 531,000+ CHNV parolees in June 2025, a decision now in litigation. How courts rule on executive parole authority will affect whether Biden's parole programs remain a legal precedent or an outlier.[3]
- MPP revival and legal processing: The return-to-Mexico framework, ended by Biden, was revived by Trump 2.0. Whether it survives legal challenge will determine a key structural difference between the two approaches and inform whether the Biden-era encounter surge was principally policy-driven or push-factor-driven.
- Immigration court backlog: The Biden-era releases created a backlog exceeding 3 million pending immigration cases. Court resolution of these cases (removals, grants of asylum, or administrative closure) will be a long-running data point on what "released pending hearings" actually produced.
Sources
- Immigration policy of the Biden administration
- Key facts about Title 42, the pandemic policy that has reshaped immigration enforcement at U.S.-Mexico border
- The Biden Administration's Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans
- Biden's Border Policy Is Not "Open Borders"
- Biden signs executive action drastically tightening border
- Biden's new executive order denies asylum claims to most migrants crossing the border unlawfully
- Fact-checking Greg Abbott's claims that Biden has 'open border' policies
- Push or Pull Factors: What Drives Central American Migrants to the U.S.?
- Startling Stats Factsheet: Fiscal Year 2024 Ends With Nearly 3 Million Inadmissible Encounters, 10.8 Million Total Encounters Since FY2021
- Rising Border Encounters in 2021: An Overview and Analysis
- Migrant encounters at US-Mexico border at lowest level in over 50 years
- Taking Stock: Trump Administration Record on Detention and Removals