President Biden is contemplating executive action that could bar individuals crossing into the United States illegally from claiming asylum.
The executive action under consideration by Biden comes at a time when the influx of migrants along the U.S.-Mexico border has reached unprecedented levels in American history.
The Biden administration is considering invoking a law originating from 1952 to curtail access to the US asylum system, sources privy to internal government discussions have revealed to the New York Times. The law, referred to as 212(f), empowers the president to “suspend the entry” of foreigners if their arrival is deemed contrary to the country’s best interests.
The Trump administration used the law several times, including to ban immigration and travel from certain countries and to bar migrants from asylum if they entered the country unlawfully.
An administration official told the news outlet that final determinations are pending regarding whether the president will resort to executive measures and no decisions had been made.
Should President Biden decide to proceed with this executive action, it could be unveiled in the next two weeks, as per NYT.
The move shows a marked shift in the stance of Biden on immigration, given strained resources of the asylum system to handle the surge in migrant arrivals along the U.S.-Mexico border.
Notably, the proposed maneuver mirrors a prior 2018 initiative by President Donald J. Trump aimed at curtailing migration, a move that faced opposition from Democrats and encountered judicial resistance.
The potential restriction on asylum is anticipated to face formidable legal and operational challenges. Notably, the proposed order aligns with a major policy in a bipartisan bill that faced Republican opposition earlier this month.
The thwarted bill aimed to impose stringent border security measures, including a threshold that would effectively close the border to new arrivals if the number of unlawful crossings exceeded certain daily averages.
The situation at the U.S.-Mexico border remains a complex issue. Recently, Republican governors, including Texas Governor Greg Abbott, gathered for briefings in Eagle Pass to discuss the escalating challenges at the southern border. Against the backdrop of increased migrant arrivals, members of the Texas National Guard have been deployed to address border security concerns.
“Texas is expanding our border security capabilities by building a new Texas Military Department base camp to increase and improve border security operations in this area,” Abbott said.
