In 2018, President Donald J. Trump discovered a 73-word provision in the asylum law that he believed granted him extraordinary powers to block migrants from entering the country. Fast forward to 2024, President Biden utilized the same provision to issue an executive order temporarily closing the border to asylum seekers, suspending the long-standing guarantee that anyone stepping onto U.S. soil could seek protection in America.
Acknowledging the global migrant crisis, Mr. Biden emphasized the need to secure the border to prevent an influx of individuals attempting to enter the country. This move marks a significant shift for a president and party that once championed the idea of America as a nation of immigrants.
Critics accuse Mr. Biden of adopting tactics similar to those of Mr. Trump and his immigration advisor, Stephen Miller, to restrict asylum access. The president’s decision has sparked controversy within his own party, with some viewing it as a departure from Democratic values and commitments.
Despite previous criticism of Mr. Trump’s border policies, Mr. Biden has adjusted his approach in response to the surge in illegal border crossings. The president’s actions have garnered support from some Democrats who believe tougher measures are necessary to address the current immigration challenges.
Mr. Biden’s proclamation sets a threshold for suspending asylum rights when migration exceeds a certain number, a threshold that has been consistently surpassed in recent times. The restrictions will exempt unaccompanied minors and individuals facing legitimate persecution in their home countries.
The president and his team are banking on public support for their efforts to curb illegal immigration and alleviate the strain on cities grappling with the influx of migrants. They hope these measures will undercut criticisms from Mr. Trump and Republicans about Democratic weaknesses on border security.
While Mr. Biden has distanced himself from some of Mr. Trump’s extreme policies, such as family separations, the new measures represent a significant crackdown on immigration. The president faces backlash from some of his progressive supporters who view the actions as a departure from their values.
Legal scholars have long debated the interpretation of Section 212(f) of the Immigration and Nationality Act, the provision cited by both Mr. Trump and Mr. Biden to justify their respective executive actions on immigration. The Supreme Court’s decision to uphold Mr. Trump’s travel ban highlighted the broad authority granted to the president in matters of immigration.
