On Tuesday, June 4th, 2024, US President Biden announced a plan to immediately impose significant restrictions on immigrants seeking asylum at the US-Mexico border. The White House is aiming to address the political burden caused by immigration issues before the November elections.
According to a statement released by the White House on Tuesday, Biden declared that “non-citizens who illegally cross the southern border will be prohibited from obtaining asylum, unless they enter through established legal procedures and seek asylum thereafter, they will be restricted from obtaining asylum at the southern border.”
The statement also mentioned that “those seeking asylum – for example, those who arrive at the ports of entry through appointments – will still be able to obtain asylum. However, if someone chooses not to follow our legal pathways, chooses to enter unlawfully without permission, then they will not be able to obtain asylum and will not be allowed to stay in the United States.”
Being exempt through appointments refers to individuals who have made appointments through the CBP One application of the US Customs and Border Protection (CBP) to meet with border officials at entry points. Since the introduction of this application last year, around 1450 appointments are made daily.
Biden revealed that a bipartisan agreement on border security was reached four months ago after weeks of tense negotiations between the two parties. He described this agreement as the “strongest border security agreement in decades,” but pointed out that some Republicans in Congress had “abandoned the agreement.”
Biden stated, “The border is not a political issue that can be weaponized,” while also blaming former President Trump and senior Republicans for undermining bipartisan legislation that could have better addressed the issue.
Republicans in Congress view Biden’s order as nothing more than a “political show,” aiming to showcase tough immigration enforcement before the elections.
On Tuesday, Trump posted on his social media account, criticizing Biden for “completely abandoning our southern border,” stating that the order is just for show before the presidential debate on June 27th.
Biden mentioned that taking action to limit asylum is to help “control” the border, emphasizing that Republicans left him with “no choice” but to “utilize the executive powers of the presidency to do everything possible to address the border issue.”
The statement stated that this ban will remain in effect until the number of illegal border crossers decreases to a level manageable by the US immigration system.
Additionally, the Department of Justice announced two weeks ago a new litigation process in immigration courts to expedite cases of recent border crossers, shortening the litigation time from 6 years to 6 months. The Department of Homeland Security also proposed new rules allowing federal law enforcement to more rapidly deport asylum seekers with criminal records.
The Biden administration expressed its commitment to strengthen cooperation with the Mexican government in addressing border security issues at the US-Mexico border. The statement mentioned that the number of illegal border crossings over the past few months has significantly decreased.
The Associated Press cited statements from senior US government officials, mentioning that Biden will sign an executive order to close asylum applications at the US-Mexico border once the daily number of entries exceeds 2500 people. When this number drops to 1500 people, the border will reopen.
This means that Biden’s order should take immediate effect as the current daily number of entries has already surpassed this figure.
Once the order is in effect, immigrants who arrive at the border but do not express fear of returning to their home country will be immediately deported within days or even hours. These immigrants will face penalties, including a ban on re-entering the US within 5 years and potential criminal prosecution.
Meanwhile, anyone expressing fear or intending to seek asylum will undergo scrutiny by US asylum officials, but the standards for scrutiny will be higher than those currently in use. If they pass the scrutiny, they can seek additional humanitarian protections.
However, there are still many questions and complex situations regarding how Biden’s new executive order will be implemented.
For example, the Biden administration reached an agreement with Mexico that allows Mexico to accept up to 30,000 citizens per month from Cuba, Haiti, Nicaragua, and Venezuela if they are denied entry into the US. Yet, it remains unclear how citizens from other countries rejected for entry will be handled under Biden’s executive order.
The senior official also acknowledged that due to insufficient congressional allocations, the government’s goal of swiftly deporting immigrants has become complicated.
In the statement, Biden mentioned, “To truly ensure border security, we must amend laws; Congress needs to provide the necessary funding to rehire 1500 border security personnel, 100 immigration judges to help with the backlog of cases (over 2 million); and 4300 asylum officers,” as well as approximately 100 high-tech detection machines to significantly enhance the screening and interception of fentanyl smuggling into the US.
Jennie Murray, Chair of the National Immigration Forum, expressed concerns that border officials may face challenges in executing the swift deportation plan due to many officials already being engaged in assisting shelters and other humanitarian tasks.
Murray said, “Customs and Border Protection cannot keep up with the current pace of arrests because they are understaffed, leading to more chaos.”
Regarding the detention of immigrant families, the government also faces certain legal limitations, although the government stated it will continue to fulfill these obligations.
Biden cited legal authority from Section 212(f) of the Immigration and Nationality Act, which allows the president to restrict the entry of immigrants if their entry is deemed to “harm” the national interest. Despite threats from prominent legal groups to sue the government, senior officials expressed confidence in executing Biden’s order.
Citing Lee Gelernt, a lawyer from the American Civil Liberties Union, the Associated Press reported that legal action was planned, stating, “We intend to sue. Trump also attempted a similar ban before, but it ended in failure. Prohibiting asylum is illegal, much like when Trump tried it.”
House Republican Speaker Johnson stated in a press conference, “All along, he (Biden) has been trying to convince us. He can’t clean up this mess. Remember, this mess was created single-handedly by him.”