President Joe Biden may have claimed his new executive order on border security would “bar migrants who cross our southern border unlawfully from receiving asylum,” but in reality, the memo implementing the new regulation maintains all the existing loopholes and even prompts migrants to ask for protection from deportation.

The June 4 memo from Immigration and Customs Enforcement acting Director Patrick Lechleitner to ICE’s Enforcement and Removal Operations director does suspend the entry of noncitizens apprehended for illegally crossing the southern border, but then, it includes a long list of exceptions to the new ban on entry, including:

“Noncitizens who a U.S. Customs and Border Protection (CBP) officer permits to enter, based on the totality of the circumstances, including consideration of significant law enforcement, officer and public safety, urgent humanitarian, and public health interests that warrant permitting the noncitizen to enter; and” 

“Noncitizens who a CBP officer permits to enter due to operational considerations that warrant permitting the noncitizen to enter.”

In other words, migrants arrested for illegally crossing the southern border are not to be admitted unless they qualify under the same loopholes that they are being released into the United States today.

Take, for example, Jose Ibarra, the accused killer of nursing student Laken Riley. Under current law, once Ibarra was apprehended for illegally crossing the southern border in September 2022, Biden was under the legal obligation to detain Ibarra until he was removed from the country.

But instead of removing Ibarra, as required by law, Biden chose to grant Ibarra parole because the Department of Homeland Security had no capacity to detain him. Ibarra went on to get arrested in New York City on charges related to endangering a child before allegedly murdering Riley in Georgia.

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Biden’s new executive order keeps the same loophole that allowed him to release Ibarra into the country. Just like before, when DHS paroled Ibarra because DHS had no capacity to detain him, Biden’s new order always allows illegal immigrants to be released “due to operational considerations that warrant permitting the noncitizen to enter.”

There has been no change. The southern border is just as wide open now after Biden’s executive order as it was without Biden’s executive order.