US President Biden signed an executive order on Tuesday, June 4th, requiring the temporary closure of asylum applications at the southern border once the daily average number of illegal border crossers intercepted at official entry ports exceeds 2,500 people. According to NBC, a senior official from the Biden administration stated that since the current daily border crossings have surpassed this threshold, the border closure measure will immediately take effect. The border will only reopen when the number drops to 1,500 people. This measure will be effective at midnight Eastern Time.
After the order takes effect, illegal border crossers will be deported from the US within a matter of days, or even hours, and may face penalties such as a five-year ban on reentry or even criminal prosecution. The White House statement mentioned that this policy change will allow border officials to more easily remove those without a valid legal basis for staying in the country.
However, despite the swift implementation of the order, those seeking asylum through border crossings will still undergo screening but with stricter criteria.
The order also grants exemptions to certain categories of immigrants: unaccompanied minors, victims of human trafficking, and individuals in severe medical emergency situations. Additionally, immigrants deemed to have arrived at the US border in an orderly manner by US senior officials, including those who have made appointments through the CBP One online program, will also be exempted and allowed to continue waiting on the Mexico side for a chance to interview with US border officials.
Approximately 1,450 individuals per day use the CBP One appointment program. Some immigrant advocates are concerned that Biden’s new policy directive may lead to a backlog of applicants using the program.
From October last year to February this year, there has been an increase in monthly border crossings from Mexico to the US. In October and November last year, over 240,000 people crossed the southern border each month. Although there was a decline in March and April, nearly 180,000 people crossed in April, averaging 5,990 crossings per day. These numbers far exceed the 2,500-person threshold proposed by President Biden’s order.
According to the New York Post, even with the implementation of the current new policy, at least 1.8 million people are expected to illegally cross the border annually. This includes those entering daily through the CBP One program and the 360,000 immigrants from Cuba, Haiti, Nicaragua, and Venezuela allowed into the US under Biden’s amnesty plan. This figure does not account for the hundreds of thousands of evaders intercepted annually. Since Biden has taken office, an estimated 1.7 million border crossers have reportedly evaded interception.
The American Civil Liberties Union intends to file a lawsuit to challenge Biden’s new executive order in order to prevent its implementation. ACLU lawyer Lee Gelernt believes that prohibiting asylum is illegal.
Republicans have criticized Biden’s actions, calling them a mere “political stunt.” Former ICE and Customs Enforcement acting director under Trump, Tom Homan, argues that Biden’s order essentially permits the entry of 2,500 individuals into the US daily, effectively legalizing illegal immigration.