President Joe Biden hopes to curtail the use of asylum at the southern border through new executive actions Tuesday that would temporarily close the U.S.-Mexico border.
According to senior administration officials, the shutdown would take effect after the number of encounters at the border surpasses an average of 2,500 over seven days. The much-anticipated move comes even as immigration advocates tell Scripps News they plan to challenge it in court.
Once in place, the restrictions cannot be lifted until 14 calendar days after the Homeland Security Secretary determines there have been seven consecutive days below 1,500 average encounters. In effect, this means the border will be closed for a minimum of three weeks, officials said.
Not all migrants would be subject to these restrictions. Lawful permanent residents, unaccompanied minors, those with acute medical emergencies or victims of trafficking would all be exempt, according to the officials, as would those who pursue asylum through the existing “safe and orderly process.” The CBP One app currently allows for about 1,500 asylum appointments per day.
According to the administration officials, President Biden will issue a presidential proclamation accompanied by an interim final rule from the Departments of Justice and Homeland Security that suspends entry for asylum-seekers who cross the southwest land or coastal borders unlawfully, making it easier for immigration officials to conduct deportations and reducing the burden on border patrol agents.
President Bidens actions come after multiple efforts to address unlawful immigration at the southern border stalled in Congress.
Congressional Republicans again put partisan politics ahead of our national security and voted against a historic bipartisan border security agreement that would deliver key policy changes and critical resources to our border, a senior administration official told reporters on a call Tuesday morning. With Congress failing to act, illegal crossings at our border running too high for our system to manage.
Even before the presidents actions were formally announced, migrants rights groups and legal organizations telegraphed plans to challenge President Bidens move in court. Lee Gelernt, deputy director of the ACLUs Immigrants Rights Project, told Scripps News his group plans to pursue legal action against the administration, pending the release of the final text of the rules.
We are concerned that [the policy] will violate U.S. law that guarantees fair access for asylum seekers, echoed Gregory Chen, senior director of government relations for the American Immigrant Lawyers Association.
Progressive Democrats in Congress similarly blasted President Bidens move, and many Democrats facing tough reelection races are reportedly expected to skip the announcement Tuesday.
I think its really disappointing, Congressional Progressive Caucus Chair Pramila Jayapal told Semafor. [It] just plays into the idea that somehow harsh enforcement is going to work. That was Trumps approach. We should be showing what the difference is.
Republicans, too, were quick to voice their displeasure with the new policy, suggesting even more stringent measures were needed.
This is too little, too late, said Sen. Roger Marshall during a press conference at the Capitol Tuesday.
The only policy change that will work is to have mass deportations, added Sen. Lindsey Graham.
The border has become a key issue in the 2024 election, particularly for Republicans. A recent Economist/YouGov poll found a majority of respondents considered immigration to be an important issue, while more Republicans than Democrats considered it their most important concern.
Former President Donald Trump has frequently attacked President Biden over border policy, promising mass deportations if he is elected. In an interview with Time, the former president said hed use local law enforcement and the National Guard to combat the issue.
Trump is expected to visit Arizona Tuesday for a town hall hosted by Turning Point Action.