President Joe Biden is expected to sign an executive order on Tuesday to close the border at official ports of entry between the U.S. and Mexico if there are high numbers of crossings, a change aimed at making it harder for people who cross illegally to seek asylum.
Under a new temporary rule, the president can impose border restrictions when the average number of border apprehensions exceeds 2,500 immigrants for seven consecutive days — as is the case today. The rule also raises the legal threshold for making asylum claims at the border from a reasonable likelihood that they will face torture at home to a reasonable likelihood of that happening.
Tightened restrictions are set to end in two weeks after border arrivals continued to fall below 1,500 for more than a week. The number of border stops per day has never fallen below 1,500 for much of the past nine years, data shows.
“These measures will significantly increase the speed and scope of consequences of illegal border crossings” and will “enable agencies to more quickly expel individuals who do not have a legitimate reason to remain in the United States,” one of several senior officials said. Government officials briefed reporters on the situation.
The restrictions do not apply to those entering at official ports of entry or using other legal means, including those using relatively new mobile apps to request appointments. It would also exempt certain groups, including unaccompanied children, victims of severe trafficking and people facing serious medical emergencies or extreme threats to their lives and safety.
Administration officials have defended their efforts to secure the border, saying they have deported more immigrants in the past 12 months than in any year since 2010. Republicans were blamed for the partisan bill, which would have given the government more money and power to control the border.
Officials acknowledged that the president’s executive actions are stopgap in nature and could face legal challenges.
“If Congress doesn’t do its job, there will be no lasting solutions to the challenges we face,” one official said.
While Mexico has agreed to accept immigrants from several Latin American countries, the government faces an increase in arrivals from other continents, including Asia. Officials say they are working to strengthen protocols for people to fly to India, China and other countries of origin, but say it remains a challenge.
Officials have faced a barrage of attacks from critics on the right, who blame Biden for what they say is a runaway border, and critics on the left, who accuse him of emulating the xenophobic policies of former President Trump. Officials have taken pains to distinguish their policies from some of Trump’s most famous practices, including attempts to ban entry to people from Muslim-majority countries and separate children from their families.
“We don’t separate children from their families,” one official said. “Not only is it inhumane, it’s highly ineffective.”
Pursuing asylum, regardless of how someone arrived on U.S. soil, is a right under federal immigration and nationality laws and international law. The issue has proven problematic for the Trump administration’s efforts to restrict border crossings and could also hamper Biden’s latest order.
Amy Fisher, director of refugee and migrant rights at Amnesty International USA, said the expected executive action “fuels a false narrative of border incursion and advances a policy based on white supremacist ideology at the expense of for the benefit of those seeking security at the border.” us”
“President Biden’s actions set a dangerous international precedent by placing a cap on asylum admissions for the first time, limiting the number of people who can apply for asylum in the United States, and using the same legal powers to effectively close the U.S.-Mexico border that the Trump administration used to to implement the dangerous and xenophobic Muslim and African travel ban,” Fisher said.
Immigration has been one of Biden’s thorniest issues, both practically and politically. His campaign was largely about reversing some of Trump’s toughest policies and rhetoric, but crossings and arrests have increased dramatically since Biden took office.
Polls show many voters view immigration and borders as top issues, often alongside the economy, character, democracy and abortion. It’s also the area where they are most likely to put Trump ahead of Biden, according to an ABC News poll released last month, showing 47% of Americans trust Trump more on the issue, compared with 30% of Americans trust Biden more.
