In response to mounting political pressure over the migrant influx at the southern border, President Joe Biden signed an executive order on Tuesday that will temporarily shut down asylum requests once the average number of daily encounters surpasses 2,500 between official ports of entry. The decision marks a significant policy shift as the Biden administration grapples with immigration challenges.
"The border is not a political issue to be weaponized," Biden said during a White House address announcing the order. The executive action, which takes effect immediately, will only be lifted once the number of daily encounters drops to 1,500.
The order invokes sections 212(f) and 215(a) of the Immigration and Nationality Act, suspending the entry of noncitizens who unlawfully cross the southern border. Senior administration officials clarified that "individuals who cross the southern border unlawfully or without authorization will generally be ineligible for asylum, absent exceptionally compelling circumstances."
This stringent measure aims to address the escalating border crisis. "It's definitely a step in the right direction," remarked Texas state Rep. Eddie Morales Jr., whose district includes Eagle Pass. "One of a number of steps that are necessary for us to be able to secure the border."
In 2018, the Trump administration attempted similar border restrictions, which were blocked by the courts. The Biden administration anticipates defending the new executive order against potential legal challenges. Notably, the order includes exceptions, such as for unaccompanied children.
Former President Donald Trump's campaign spokesperson, Karoline Leavett, criticized the exceptions, claiming they provide a "green light to child traffickers and sex traffickers." She reiterated Trump's call for stronger border policies and framed the Biden administration's actions as insufficient.
Republican lawmakers have also criticized the move. "Biden created a crisis at the border intentionally," said Sen. Kevin Cramer (R., N.D.). He suggested that the executive action carries more political risk than benefit, particularly as it may alienate Biden's base.
The White House, however, has countered that congressional Republicans have failed to act on immigration reform. Earlier this year, Trump urged House GOP members to kill a bipartisan border funding bill negotiated in the Senate. "President Biden has led a historic opening of lawful pathways for individuals to enter the United States through a lawful process," a senior administration official stated, highlighting initiatives like the CBP One mobile application for border appointments and family reunification programs.
The executive order arrives amid a crucial period, following a historic presidential election in Mexico and as the U.S. election campaign heats up. Trump currently holds a substantial lead over Biden in handling immigration and border security issues, according to a recent CNBC national poll.
Immigrant advocates are vocally opposing Biden's harsher immigration policies. "It is a betrayal of what we were told in his campaign four years ago," said Lindsay Toczylowski, executive director of the Immigrant Defenders Law Center. "We were told that President Biden would be restoring humanity at our border. But what we are seeing is that history is repeating itself."
The American Civil Liberties Union (ACLU) plans to challenge the executive order. "A ban on asylum is illegal just as it was when Trump unsuccessfully tried it," said Lee Gelernt, deputy director of the ACLU's Immigrants' Rights Project. Gelernt noted that the ACLU is still determining the timing and location for the lawsuit.
When asked about potential lawsuits during a call with reporters, a senior administration official stated the agency is "prepared" for legal battles. "We are accustomed to being litigated from both sides of the political spectrum for just about any measure we take in this space," the official said, emphasizing the need for congressional action to achieve lasting solutions.
In an election-year twist, Biden's move echoes former President Trump's immigration tactics, despite significant differences in rhetoric and approach. Biden emphasized that his administration's policies are designed to be more humane, allowing asylum-seekers to make appointments at ports of entry and including various lawful pathways for entry.
While the new executive order aims to address immediate border issues, experts and local officials alike stress the need for comprehensive immigration reform. "Comprehensive immigration reform remains the sole solution and Congress remains the sole venue to achieve this reform," said Hidalgo County Judge Richard Cortez.
