President Joe Biden issued a presidential proclamation Tuesday that will limit the number of asylum-seekers allowed to enter the country if border crossings reach a certain threshold—action that hinges on a law former President Donald Trump used to implement his controversial ban on entrants of Muslim-majority countries.
US President Joe Biden walks with Jason Owens (3rd L), Chief of US Border Patrol, and US Homeland ... [+]
Most people who cross the border illegally will be ineligible for asylum, absent “exceptionally compelling circumstances,” such as a reasonable probability of fear of persecution or torture in their home country, “a new substantially higher standard than is currently being applied at the border,” according to a government official who briefed reporters on the changes.
People who have applied for asylum interviews prior to reaching the border, unaccompanied children, trafficking victims and those who face an acute medical emergency or an extreme threat to life and safety will also be exempt.
The measures will take effect immediately, and will be reversed 14 days after border crossings dip below 1,500 per day on average for seven consecutive days, but go back into effect if border crossings exceed 2,500 per day on average over the span of a week.
Biden issued the order under provisions 215(a) and 212(f) of the Immigration and Nationality Act, the latter of which gives the president broad authority to “suspend the entry of all aliens or any class of aliens” when the president finds their entry “would be detrimental to the interests of the United States.”
Trump successfully used 212(f) to ban entrants from five Muslim-majority countries, plus North Korea and Venezuela, with the Supreme Court ruling in 2018 that suspending entry into the U.S. “is well within executive authority,” overturning lower court rulings that blocked the policy from taking effect.
The Supreme Court, however, took a different stance regarding the law when Trump attempted to use it to deny asylum to migrants who crossed the southern border, and agreed with lower courts’ decision to block the order on the grounds the policy violated immigration law that states any person who steps foot on U.S. soil has the right to seek asylum, regardless of whether they entered the U.S. through legal means.
128,900. That’s the number of migrant encounters Customs and Border Protection recorded in April at the southwest border, a 6% decline from March and 30% drop from April 2023, according to CBP.
Former Department of Homeland Security officials warned previously that drastically curtailing border crossings could crowd portions of the southern border and would only be possible with Mexico’s cooperation, they told NBC in January when Biden urged Congress to give him the authority to “shut down the border.”
The long-awaited executive action comes as border crossings have reached record highs under Biden and as Congress has failed to pass legislation that would address the surge—a key issue in the 2024 election. Many people who cross the U.S.-Mexico border claim asylum in the United States, a legal avenue for people who fear persecution in their home country, but the jump in border crossings has caused severe backlogs in immigration court, leading some asylum-seekers to wait years for their cases to be heard. The executive order would mark Biden’s most significant immigration policy since he took office and comes after Trump effectively killed bipartisan border legislation tied to aid to Ukraine that was working its way through the Senate earlier this year and closely resembled the order announced Tuesday. Trump argued the legislation would be a political “gift” to Democrats in an election year—when polls show voters consistently say it’s a key issue in the 2024 election, including in an April Gallup survey that found a plurality of voters, 27%, rated it as the most important problem facing the country for the third consecutive month, above the economy and inflation.
“Let's be clear—Joe Biden's Executive Order is for amnesty, not border security,” Trump campaign spokesperson Karoline Leavitt said in a statement Tuesday ahead of the announcement. “This new order will facilitate the release of more illegals as quickly as possible with a smartphone app,” Leavitt said, referring to the process for scheduling asylum appointment.
Why Biden Can’t Easily ‘Shut Down The Border’—As Both He And Trump Have Suggested (Forbes)
Trump Doubles Down On Border Deal Attacks After Biden Vows Tough Reforms (Forbes)