the White House The long-awaited executive action announced Tuesday would prevent states from granting asylum to illegal immigrants at the southern border if the number of border crossers reaches a certain level — a move that comes just months before the November election and could soon be legally challenged by activists.
President Biden is issuing a presidential proclamation that will temporarily suspend the entry of noncitizens across the southern border when there is an average of more than 2,500 encounters over a seven-day period, officials said. This will remain in effect until there is an average of less than 1,500 encounters over a seven-day period. This will make it easier for immigration authorities to quickly remove individuals who have no legal basis to be in the United States, officials said.
Sources told Fox that there were 5,200 encounters at the border in the last 24 hours and there has been an average of more than 5,000 encounters each day over the past week. There were 179,725 encounters at the southern border in April, compared to 211,992 in April 2023 and 189,357 in March. While these numbers are lower than the highest numbers seen in 2022 and 2023, they still remain high when compared to numbers before 2021.
Biden expected to announce border action as political heat grows ahead of November election
President Biden has called on Congress to take further action on illegal immigration and the border crisis. (Biden photo by Drew Angerer/Getty Images, migrant caravan photo by Jose Torres/Anadolu via Getty Images)
In doing so, Biden is resorting to authorities under sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), which allow presidents to suspend the entry of certain categories of foreign nationals. The Trump administration used 212(f) on several occasions, including to ban travel from certain countries, but was prevented from enforcing it at the southern border due to a legal challenge.
Order from President Biden It includes several exceptions for border crossers. It will not apply to visa holders, unaccompanied children, victims of a “severe form” of trafficking, as well as those who face a serious medical emergency or imminent threat to life or safety. It also does not apply to those who want to enter the US through ports of entry using the CBP One app – at which about 1,500 migrants are allowed through each day.
The law is expected to take effect immediately, and will be accompanied by a joint rule restricting asylum eligibility during border encounters, to be issued by the Department of Justice and the Department of Homeland Security.
It’s a significant move to the right by the Biden administration. In 2021, the administration rolled back a series of Trump-era border protections that critics say led to historic migrant numbers. More than 7 million migrants have crossed the border during Biden’s tenure.
The administration says it is tackling a hemisphere-wide challenge that requires action by Congress to provide funding and fix a “broken immigration system.” The White House has said the action comes at a time when Republicans have rejected other actions by Congress, including a bipartisan Senate bill that would have provided additional funding as well as implemented a uniform border mechanism.
“The president’s proclamation, along with the interim final rule, are another important step in our more than three-year-long effort to strengthen our ability to impose consequences on those who cross our southern border,” a senior administration official told reporters Tuesday ahead of the announcement.
Fox News poll: Voters say US-Mexico border is a big problem
“But we completely agree that today’s executive action is not a substitute for Congress passing the tough but fair bipartisan Senate bill that would further strengthen border security while providing billions of dollars in aid to the men and women who are working on the front lines to protect our border.”, They said.
Although Republicans had previously urged the administration to use Section 212(f) to stop illegal transit, lawmakers were unimpressed before the announcement and called it too little, too late.
“By my count, he’s issued 94 executive orders since he’s become president of the United States. But he’s waited until today to take effective action at the border,” Sen. John Cornyn, R-Texas, said at a press conference. “And my question to him is, if you were serious about doing this, why did you wait until now? The simple answer is he’s not serious about securing the border.”,
Other lawmakers claimed it was a cynical move just months before an election in which Biden is struggling over his failure to tackle border security. Fox News Poll It found that seven in 10 voters go so far as to say the White House has “mostly failed” to improve border security.
December 18, 2023: Migrants flood into Eagle Pass, Texas, waiting to be processed. (Fox News)
“It’s a little late, you can’t let this cat run in reverse,” said Sen. John Kennedy, R-La., who described Biden as “at the polling level with a fungal infection.”
The move comes as Biden faces intense political pressure from both the left and the right over the crisis.
For more coverage on the border security crisis, click here
mayors of cities such as New York CityDenver and Chicago have asked for more money from the federal government and demanded additional action, including expediting work permits. More recently, 15 House Democrats wrote a letter to Biden calling for additional action at the southern border.
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“It has become clear that the current situation remains intolerable, but with Republicans playing politics on border security, it is time for your administration to take action. We urge you to use all tools available to you, including executive action, to better address security at the southern border, curb illicit fentanyl, and allow orderly legal immigration,” the letter says.
