What inquiries surround Biden's latest border strategy?
"What's next?" is a uncertain matter due to several factors. Here are some significant concerns.
Is Biden shutting the border?
Although it seems like that's the case, it's not actually. Biden's recent proclamation, announced on Tuesday, permits regular trade and authorized immigration across the border. However, it prohibits asylum requests from migrants who illegally cross the border when the daily average reaches 2,500. If this threshold is surpassed, migrants attempting to cross between designated entry points will be prevented from applying for asylum and returned to either Mexico or their home nations. The regulations will revert when the seven-day average falls beneath 1,500.
On Monday, the us Department of Homeland Security stated that an estimated 3,500 migrants unlawfully crossed the border. This surpasses the number required for the presidential decree to be enforced. Although the number of migrants unfavourably impacting the border has reduced since its peak in December, Biden's proclamation points out that this "extreme and persistent level of migration...continues to result in significant operational difficulties."
There are a few exceptions to this new restriction, such as unaccompanied minors. In addition, migrants may use a Customs and Border Protection application to book a meeting in person to file for asylum at a formal checkpoint.
It's undetermined how Biden's declaration will either help or damage him politically.
Critics argue that this measure doesn't go far enough. Furthermore, activists for immigrants' rights claim that barring asylum seekers will imperil susceptible individuals and eventually make the border hazardous.
Apart from potential political ramifications, it's unclear how this will function in reality, particularly considering that executive actions from the president don't encompass budget allocation for extra resources. Several experts are already pondering if the administration will possess the means to implement this policy.
Do we need Mexico's approval?
Cooperation from Mexico is essential for any plan to succeed along the shared border. Previous US administrations have tried to institute immigration initiatives, only for them to falter due to a lack of Mexican cooperation. On the other hand, we've seen marked changes at the border in recent months, as well as multiple occurrences in the past, as Mexico heightened its enforcement efforts.
It is unclear how much support Mexico will provide. Although President Andres Manuel Lopez Obrador allegedly spoke with Biden on Tuesday regarding immigration and other concerns, authorities have not divulged details about Mexico's stance concerning Biden's new executive action.
"They agreed to continuously collaborate between both countries to handle migratory flows in the region and enhance efforts to address the structural origins of migration in Latin America and the Caribbean," Mexico's government statement declared.
Further complicating the situation, Mexico has just elected a new president. Claudia Sheinbaum's six-year term will start on 1st October, nearly a month before the next US presidential vote. While she may seem likely to implement similar measures to her predecessor and mentor, Lopez Obrador, campaign promises tend to shift in light of the challenges of governing.
Can it be overturned in court?
The new measures were prepared to become effective at 12:01 am Wednesday, before they had even been formally published. However, the American Civil Liberties Union had already promised to contend them in court, citing that denying migrants a chance to seek asylum is unlawful.
We've observed related government efforts to thwart migrants seeking asylum blocked in court previously, such as a move the Trump administration pursued, which was also challenged by the ACLU.
Thus, the length of time these policies may remain in force is uncertain, even though they're worded robustly.
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The implementation of these new border policies relies on the cooperation of our neighboring country, Mexico.
Despite Biden's announcement and Mexico's agreement to collaborate, the specific support Mexico will provide for this executive action remains unclear.
