President Biden issued an executive order on Tuesday that prohibits migrants from seeking asylum at the U.S.-Mexico border during times of increased crossings. This move aims to alleviate pressure on the immigration system and address concerns among voters. The policy is the most restrictive border measure implemented by President Biden or any other modern Democrat, echoing a similar effort made by President Trump in 2018.
In a statement at the White House, President Biden explained that he resorted to executive action due to the obstruction of bipartisan legislation by Republicans. This legislation included significant border security provisions that Congress had not seen in years. The President emphasized the need to secure the border to maintain America as a welcoming land for immigrants.
Despite comparisons to Trump’s policies, President Biden emphasized his administration’s cooperation with Mexico rather than confrontation. The new restrictions come into effect when the daily average of illegal crossings reaches 2,500 per day, a threshold that has already been surpassed. The executive order allows border officers to promptly return migrants to Mexico or their home countries, aiming to deter illegal crossings that contribute to a backlog in the asylum system.
While exceptions exist for minors, trafficking victims, and those using specific channels to request asylum, the order suspends long-standing guarantees that allow anyone on U.S. soil to seek refuge. The American Civil Liberties Union plans to challenge the executive action in court, arguing it is unlawful. Additionally, the order mirrors legislation blocked by Republicans in February, underscoring the shift in immigration politics towards more stringent border measures.
Critics, including immigration advocates and some progressive Democrats, express concerns that President Biden is backtracking on his promise to revamp the asylum system. The decision marks a significant reversal from his previous stance against Trump’s asylum restrictions. Despite the political risks, the executive order provides President Biden with an opportunity to hold Republicans accountable for stalling bipartisan legislation that would have allocated resources for border security.
As the administration grapples with the surge in crossings, smaller steps have been taken to address backlogs in the asylum system. These include proposed rule changes to expedite the identification of ineligible asylum seekers and policies instructing officers to assess applicants’ potential for finding refuge in their home countries before seeking asylum in the U.S.
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