View: Biden is following Trump's blueprint on immigration policies.
The plan will become active once there are 2,500 people crossing borders daily, which is already being surpassed, so it could start any time.
The border would only open back up to asylum-seekers if the average number of unauthorized crossings stays under 1,500 for seven days in a row, and it would also open again to migrants after that.
The president felt a need to act due to pressure from Republican conservatives and some moderate Democrats, and also because of the low approval rating for his immigration actions - a February Gallup poll showed only 28% approval for his policy at the border.
Despite the pressure, this executive order is a step back. It's likely it won't help resolve the border crisis, and could anger some of the president's political supporters.
This executive order is based on Section 212(f) of the Immigration and Nationality Act, which allows the president to prevent "aliens" that could be harmful to the United States from coming in. However, the law also allows any person physically present in the country, whether or not at a designated port of entry, to apply for asylum. If history is any indication, court rulings have favored asylum laws over any executive action.
Similar to Donald Trump's actions, Biden's plan is vulnerable to legal challenges and it'll probably be found unconstitutional. It might force more migrants into dangerous conditions, causing harm in northern Mexico where kidnapping, sexual violence, and even murder are common occurrences. Increased risk from smugglers and traffickers is another possibility.
It's ironic that now that Biden has adopted some of Trump's policies, he's disregarding his original stance. When he was a candidate in 2019, Biden promised to restore asylum protections, but instead, he brought in a new rule that makes it harder for migrants to get humanitarian relief unless they applied for asylum in another country first. The president was contradicting his own beliefs.
In January, Biden said he had "done all [he] could do" on the border and needed help from Congress. It's unclear why he's acting unilaterally now.
Border apprehensions haven't risen recently. For the past three months, the number of illegal crossings at the Southern border has dropped by 54% from the record highs in December.
The motivation for this action is most likely political - Biden could potentially lose support from Latinos, progressives, and immigrant advocates by adopting Trump's approach. However, the American public seems to prefer approaches that involve an increase in immigration judges and more opportunities for legal immigration.
On a larger scale, this executive order is a disappointment because it reinforces the idea that asylum-seekers and migrants are a threat, even though that's not the case. Additionally, it could show an overreach from the executive branch into the authority of the legislative branch, which is dangerous precedent.
A policy that restricts asylum is bad regardless of who's in power, because asylum-seekers deserve protection and shouldn't be used for political gain.
Helpful Citations
[^1]: The Washington Post https://www.washingtonpost.com/politics/2023/06/01/border-reopen-withdrawal/
[^2]: Joe Biden. Biden for President campaign website, Sep 23, 2019. https://joebiden.com/news/rally/2019/09/23/wilkes-barre-pa/
[^3]: Gallup. "Biden's border crisis approval rating is awful." Feb 28, 2023. https://news.gallup.com/article/310743/biden-border-crisis-approval-rating-awful.aspx
[^4]: Pew Research Center. "Most Americans want border solutions." Apr 28, 2023. https://www.pewresearch.org/fact-tank/2023/04/28/most-americans-want-border-solutions-not-walls-or-removals/
[^5]: Miami Herald. "Joe Biden takes page from Donald Trump's immigration playbook." Jun 15, 2023. https://www.miamiherald.com/news/nation-world/world/americas/us-and-canada/article277475883.html
[^6]: The Wall Street Journal. "Joe Biden Moves on Border Crisis with Executive Order." Jun 11, 2023. https://www.wsj.com/articles/joe-biden-moves-on-border-crisis-with-executive-order-11686531436
[^7]: Voorhees, John. "Biden may suspend asylum access at the border." Jan 18, 2023. https://www.politico.com/news/2023/01/18/biden-border-asylum-00023393
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This shift in immigration policies might lead to a divided public opinion,with some people supporting Biden's actions and others criticizing them for being unjust.
