The White House on Tuesday announced long-awaited executive actions to detain illegal immigrants at the southern border seeking asylum if crossings reach a certain level, a move that comes just months before the November election and could soon face a legal challenge by activists.
President Biden is issuing a presidential proclamation that will temporarily suspend noncitizen entry across the southern border once the average number of border encounters exceeds 2,500 per day for seven days, officials said. This will remain in effect until 14 days after there has been a seven-day average of fewer than 1,500 encounters along the border. Officials said it would make it easier for immigration officers to quickly expel people who have no legal basis to remain in the US.
In the last 24 hours at the border, sources tell Fox there were 5,200 encounters and an average of more than 5,000 per day over the past week. There were 179,725 encounters at the southern border in April, up from 211,992 in April 2023 and 189,357 in March. While those numbers are lower than the highs seen in 2022 and 2023, they are still high compared to pre-2021 numbers.
BIDEN IS EXPECTED TO ANNOUNCE BORDER ACTIONS AS POLITICAL HEAT INtensifies AHEAD OF THE NOVEMBER ELECTION
President Biden has called for more congressional action on illegal immigration and the border crisis. (Biden photo by Drew Angerer/Getty Images, migrant caravan photo by José Torres/Anadolu via Getty Images)
In doing so, Biden is resorting to the authorities under sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), which allows presidents to suspend the entry of certain categories of foreign citizens. The Trump administration used 212(f) on several occasions, including for travel bans from certain countries, but a legal challenge prevented it from applying it to the southern border.
President Biden's order includes a number of exceptions for border crossers. It will not apply to visa holders, unaccompanied children, victims of a “severe form” of trafficking, or those facing an acute medical emergency or an imminent threat to life or safety. It also does not apply to those seeking to enter the US through ports of entry using the CBP One app, of which around 1,500 immigrants are allowed entry each day.
It is expected to take place immediately and will be accompanied by a joint rule that will restrict eligibility for asylum during high border encounters to be issued by the Departments of Justice and Homeland Security.
It marks a significant move to the right by the Biden administration. In 2021, the administration repealed a series of Trump-era border protections, which critics say encouraged the historic migrant numbers that followed. There have been more than 7 million migrant crossings during Biden's term.
The administration says it is grappling with a hemispheric-wide challenge that needs congressional action to provide funding and fix what it says is a “broken immigration system.” The White House has said this action now comes after Republicans have rejected other attempts at congressional action, including a bipartisan Senate bill that would have implemented a similar capping mechanism, as well as providing additional funding.
“The presidential proclamation, along with the interim final rule, is another important step in our more than three years of ongoing efforts to strengthen our ability to impose consequences on those who cross our southern border,” a senior administration official told reporters. on Tuesday. of the advertisement.
FOX NEWS POLL: VOTERS SAY THE US-MEXICO BORDER IS A BIG PROBLEM
“But we are clear that today's executive actions are no substitute for Congress adopting and passing the Senate's tough but fair bipartisan bill, which would have significantly strengthened the consequences in place at the border and, equally important, would have provided billions dollars to support the men and women who are working on the front lines to secure our border“,” they said.
While Republicans have previously urged the administration to use 212(f) to stop illegal crossings, before the announcement lawmakers were unimpressed, calling it too little, too late.
“By my calculations, he has issued 94 executive orders since he has been president of the United States. But he has waited until today to take what he calls effective action at the border,” said Sen. John Cornyn, R-Texas, at a conference press. conference. “And my question to him is: Why did they wait until now if they were really going to do it? The simple answer is that he's not serious about securing the border.“
Other lawmakers said it was a cynical move just months before an election in which Biden is struggling over his handling of border security. A recent Fox News poll found that seven in 10 voters go so far as to say the White House has “largely failed” to improve border security.
MAYORKAS SAYS SOME MIGRANTS 'TRYING TO GAME' WITH THE ASYLUM SYSTEM AS THE BORDER REMAINS THE MAIN POLITICAL PROBLEM
December 18, 2023: Migrants arrive en masse in Eagle Pass, Texas, waiting to be processed. (FoxNews)
“It's a little late, you can't make this cat walk backwards,” said Sen. John Kennedy, R-La., who described Biden as “up there with yeast infections in the polls.”
The move comes as Biden faces intense political pressure over the crisis from both the left and the right.
CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS
Mayors in cities including New York, Denver and Chicago have demanded more funding from the federal government and called for additional measures, including expedited work permits. Recently, 15 House Democrats wrote to Biden asking him to take additional action at the southern border.
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“It has become clear that the current situation remains unsustainable, but as Republicans play politics on border security, it is time for your administration to act. We urge you to use all the tools at your disposal, including action executive, to better address security at the southern border, ban illicit fentanyl, and allow for orderly legal immigration,” the letter said.
