The White House is considering executive action to restrict migrants’ ability to seek asylum at the US-Mexico border if they crossed illegally. This move is reminiscent of controversial action from the Donald Trump era and is likely to spark fierce backlash from immigration advocates and progressives. The handling of the US-Mexico border has plagued President Joe Biden for years as migration across the Western hemisphere reached record levels, resulting in thousands of migrants arriving at the border.
The action being considered at the White House appears to be an extension of some of the toughest measures in the border compromise legislation tanked by Republicans, indicating the White House’s efforts to demonstrate a strong stance on border security ahead of Election Day. However, no final decision has been made on the action, which involves using an authority known as 212f between ports of entry to clamp down on unlawful border crossings.
It’s unclear how the proclamation under discussion would be executed and what, if anything, would be different from what was enacted during the Trump administration. The Justice Department’s Office of Legal Counsel has been reviewing the proposed executive order to determine whether it could sustain legal challenges. Meanwhile, facing dwindling border security funds, administration officials have also discussed whether declaring a national emergency could shore up funds, including $14 billion in border security requested in a supplemental proposal stalled in Congress.
The Biden administration has taken other steps to try to tighten asylum at the US-Mexico border, including release a regulation that largely bars migrants who traveled through other countries on their way to the US southern border from applying for asylum in the United States. Migrant apprehensions have dropped by 50% in January, compared to December, according to federal data, with Homeland Security officials attributing the decline to ongoing high-level talks between the US and Mexico and cautioned that encounters historically drop in January before ticking up again.
In January, the US Border Patrol reported 124,220 encounters along the US-Mexico border. Acting US Customs and Border Protection Commissioner Troy Miller conceded authorities still face hurdles on the border, saying in a statement this month: “We continue to experience serious challenges along our border which surpass the capacity of the immigration system.” With all these measures and discussions, it is evident that the Biden administration is facing significant challenges in securing the US-Mexico border.