On Tuesday, President Joe Biden revealed his plan to impose immediate and substantial limitations on migrants who are seeking asylum at the U.S.-Mexico border. The White House is aiming to address immigration as a potential political vulnerability in the upcoming November elections.
The White House has released details of the highly anticipated presidential proclamation that was recently signed by President Biden. The proclamation would prevent migrants from being granted asylum in cases where U.S. officials determine that the southern border is overwhelmed. President Biden, a member of the Democratic Party, has been considering taking unilateral action on this issue for several months, particularly after a bipartisan border security agreement in Congress fell apart. Most Republican lawmakers rejected the agreement at the urging of Donald Trump, who is expected to be the Republican Party’s presidential nominee.
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Senior officials from the administration have stated that the order will be implemented once the number of border encounters between ports of entry reaches 2,500 per day. As the current daily averages are lower than this number, President Biden’s order should be put into effect immediately. The limitations will remain in place until the daily encounter figures between ports of entry, based on a seven-day average, are at or below 1,500 per day. The Associated Press first reported these figures on Monday.
Upon implementation of this order, migrants who arrive at the border without expressing fear of returning to their home countries will be promptly removed from the United States within a few hours or days. These migrants may face severe consequences, including a five-year prohibition from re-entering the country and possible criminal charges.
As for those who voice their fear or desire to seek asylum, they will undergo evaluation by a U.S. asylum officer, but with a higher level of scrutiny than the current standards. If they successfully pass the assessment, they may then pursue more restricted varieties of humanitarian aid, such as those in line with the U.N. Convention Against Torture.
Four senior officials from the Biden administration, who wished to remain anonymous, revealed the details of Biden’s order to reporters. Despite a consistent decline in the number of migrants encountered at the border since December, the administration defended the directive by stating that the numbers are still too high. They also warned that the figures could rise in better weather conditions when the encounter numbers typically increase.
However, there are still numerous questions and complexities surrounding the implementation of Biden’s new directive.
Biden is relying on Section 212(f) of the Immigration and Nationality Act to exercise his legal authority. This provision enables a president to restrict the entry of certain immigrants if it is determined to be “harmful” to the national interest. Despite legal organizations’ warnings to sue the administration over the order, senior officials are optimistic about their ability to enforce Biden’s directive.
According to senior administration officials, Biden’s proposal is distinct from that of Trump’s. They explained that while both are utilizing provisions from the Immigration and Nationality Act, Biden’s approach differs significantly. This includes Trump’s 2017 directive to prohibit citizens of Muslim-majority nations and his 2018 efforts to tighten asylum regulations.
In January 2021, when President Biden assumed office, the average daily arrests for illegal crossings from Mexico fell below 2,500. The pandemic witnessed the last time the border encounters dipped to 1,500 a day in July 2020.
The Senate’s bipartisan border proposal was rejected by almost all Congressional Republicans earlier this year. They dismissed Biden’s order as a mere “political stunt” with the intention of showcasing a hardened immigration enforcement approach before the election.
During a news conference, Republican House Speaker Mike Johnson pointed out that despite all the efforts made, the person responsible for creating the mess had been insisting that it was impossible to fix. Johnson reminded everyone that this individual was the one who had engineered the situation.
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Stephen Groves, a writer for the Associated Press, has made a contribution to this report.
