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 in illegal immigration—a key issue in the 2024 election.

The executive order would reportedly allow border officials to turn away people who cross the border illegally without processing their asylum claims under provision 212(f) of the Immigration and Nationality Act, 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.”

The measure is expected to face criticism from Biden’s progressive base and legal challenges from immigration advocates who could claim the order violates immigration laws, as well as from those on the right claiming the new policy does not go far enough.

The threshold of border crossings that would trigger the restrictions is unclear, though White House officials are reportedly discussing shutting down asylum requests when encounters reach 2,500 per day and reopening the border when encounters decline to 1,500, the Associated Press reported, citing sources familiar with the discussions.

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.