The White House is considering using executive action to restrict the ability of migrants to seek asylum at the US-Mexico border if they have crossed illegally. This move is reminiscent of controversial actions taken during the Trump era and is expected to face fierce backlash from immigration advocates and progressives.
The handling of the US-Mexico border has been a significant issue for President Joe Biden, with migration across the Western hemisphere reaching record levels and resulting in thousands of migrants arriving at the border. The action being considered appears to be an extension of some of the toughest measures in the border compromise legislation tanked by Republicans and is seen as an effort by the White House to demonstrate aggressiveness on border security ahead of Election Day. However, no final decision has been made on the action under consideration, and its potential execution and differences from previous measures remain unclear.
The proposed executive order is currently under review by the Justice Department’s Office of Legal Counsel to determine whether it could withstand potential legal challenges. Despite these considerations, the White House has remained silent on the matter. President Biden previously signaled his willingness to shut down the US-Mexico border if the proposed border legislation had been signed into law, indicating his support for the toughest measures included in the package. The Biden administration has also taken steps to tighten asylum at the US-Mexico border, including releasing a regulation that largely barred migrants from applying for asylum if they traveled through other countries on their way to the border. These efforts marked a departure from decades-long protocol and were met with skepticism from immigration advocates. The issue of border security remains a significant challenge for the Biden administration, with migrant apprehensions dropping by 50% in January but Homeland Security officials emphasizing ongoing challenges that surpass the capacity of the immigration system.