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If Joe Biden implemented his immigration policy without due process, why can’t Donald Trump adopt a similar approach?

This question arises in light of Joe Biden’s ability to allow millions of individuals to enter the U.S. illegally, contrasted with Donald Trump’s arduous commitment to address even a single illegal immigrant, Kilmar Abrego Garcia.

While Abrego Garcia’s deportation to El Salvador was questionable, the larger issue remains — millions may be brought in with only a notice and a bus ticket, while removing thousands relies on a tedious process.

This discrepancy inherently promotes illegal immigration.

Interestingly, there exists a relatively straightforward solution, albeit one not pursued by the current administration.

The way to achieve deportations without due process is not by invoking questionable wartime powers or challenging the Supreme Court, especially when aimed at deporting a mere few hundred members of Tren de Aragua alongside other random illegal immigrants.

Even if successful, this effort would represent a tiny fraction of the total issue.

The real solution to facilitate departures without due process mirrors how individuals entered the U.S. — voluntarily.

Individuals opt to come to the U.S. illegally when they believe the risks are worthwhile due to the high likelihood of success and the chance to remain.

As observed in recent months, if they believe circumstances have shifted, they reevaluate their decisions.

During Biden’s tenure, a lenient environment spurred illegal immigration. In contrast, under Trump, a stricter atmosphere led to a reduction in illegal immigration.

We need to replicate this shift domestically.

Illegal immigrants remain because they can find employment and face minimal risk of deportation. A change in this equation will alter their choices.

The ultimate aim should be to instigate “self-deportation,” where individuals choose to return home voluntarily.

The only way to achieve substantial departures is to address the job attraction.

Most illegal immigrants are not criminals targeting civilians or fleeing political oppression; they simply seek work.

A game-changer would be implementing an E-Verify system requiring businesses to validate new hires’ Social Security numbers with the Social Security Administration.

Employers resist this idea because it complicates hiring illegal workers and raises operational expenses.

But why should this be a barrier in the current climate?

Trump’s poorly conceived tariffs disrupt countless businesses reliant on trade, many of which bear no fault.

However, knowingly hiring illegal immigrants constitutes a violation of the law.

The prevalence of this practice reflects a level of lawlessness that mirrors the chaos at the border; indeed, one fuels the other.

The administration should aim to hold businesses accountable for infractions to deter employers across the board from hiring undocumented workers.

Currently, employers must complete Form I-9 to document an employee’s work authorization.

Yet, these forms are often filed away, and the federal government rarely requests to examine them.

The first Trump administration attempted to mandate filing these forms with the Department of Homeland Security, representing a step towards a stricter approach.

Ultimately, E-Verify stands as the gold standard.

Ideally, Congress should legislate its use, although it can likely be enforced under existing laws.

Nevertheless, this remains a theoretical conversation while President Trump shows scant interest in E-Verify and neglects the viable path toward significant departures without due process.

Twitter: @RichLowry