(Scypre.com) – In a significant policy shift, President Joe Biden is preparing to sign an executive order that would halt asylum requests at the U.S.-Mexico border once the average daily encounters reach 2,500 between ports of entry. The border would only reopen for asylum seekers once this number declines to 1,500. This move, which could go into effect immediately given current encounter rates, is seen as Biden’s most aggressive action yet to control the border situation.
Immediate Impact and Details
The new policy, expected to be unveiled on Tuesday at the White House, aims to manage the increasing numbers of asylum seekers at the border. The figures, based on weekly averages, are currently higher than the thresholds set, meaning the executive order could be enacted without delay. The White House has been briefing lawmakers, including border mayors invited to the announcement event, on the specifics of the order.
Bipartisan Background and Legal Basis
The decision comes after bipartisan legislation to tighten asylum rules failed due to Republican opposition influenced by former President Donald Trump. Despite a decline in illegal crossings, Biden has continued to consider executive actions, influenced by Mexico’s efforts to curb migration. The administration waited until after Mexico’s presidential elections, which saw Claudia Sheinbaum elected as the country’s first female president, before proceeding with the executive order.
Challenges and Reactions
Senior White House officials have informed lawmakers about the planned order, though questions remain regarding its implementation and the required cooperation from Mexican authorities. The order has prompted mixed reactions, with some Democratic lawmakers and advocacy groups expressing concern over its legal and humanitarian implications. The American Civil Liberties Union and other groups are preparing to challenge the order in court.
Legal and Political Context
Biden’s order will invoke Section 212(f) of the Immigration and Nationality Act, a provision that allows the president to block certain immigrants if deemed detrimental to national interests. This legal rationale was previously used by Trump for stringent migration policies. However, this approach is likely to face legal challenges, similar to those encountered during the Trump administration.
Broader Implications and Future Actions
Democratic lawmakers, such as California Senator Alex Padilla, have criticized the order, calling for a more comprehensive strategy that addresses the root causes of migration in Latin America. Padilla has urged the White House to consider executive actions that benefit immigrants, reflecting ongoing discussions within the administration.
Texas Representatives Henry Cuellar and border mayors, including John Cowen of Brownsville and Ramiro Garza of Edinburg, have been briefed on the order. While some see the need for immediate action, others emphasize the necessity of cooperation with Mexico for effective implementation.
Legal and Advocacy Concerns
Advocates like Jennifer Babaie from Las Americas Immigrant Advocacy Center warn that formal deportation orders without asylum opportunities could expose migrants to legal risks and future entry bans. The executive order is viewed as a more extreme measure than the pandemic-era Title 42 policy, potentially endangering migrants further.