Biden Administration Getting Ready to Roll Out Executive Actions on the Border

The Biden administration is set to announce new executive action on the border crisis, possibly as early as Tuesday, according to sources familiar with the matter cited by CNN.

The sources noted that the timing of the order is not definitive.

Similar to the contentious Title 42 policy from the Trump era, the executive action is said to revolve around presidential authority in immigration law, specifically section 212(f) of the Immigration and Nationality Act.

According to the Messersmith Law Firm based in Florida, which specializes in immigration law, section 212(f) “allows the President to prohibit entry into the US of any foreign national he deems would be detrimental to US interests.”

CNN reported that section 212(f) would be utilized between ports of entry at the U.S.-Mexico border to reduce illegal border crossings.

Officials in the administration have been working on an executive action for weeks that would restrict the ability of migrants to seek asylum at the southern border.

This action is part of a broader strategy to shift the conversation on illegal immigration from Republicans, particularly presumptive GOP presidential nominee Donald Trump. It also aims to counter Republican criticisms on border security leading up to the first presidential debate on June 27.

“While Congressional Republicans chose to stand in the way of additional border enforcement, President Biden will not stop fighting to deliver the resources that border and immigration personnel need to secure our border,” a White House spokesperson stated. “As we have said before, the Administration continues to explore a series of policy options and we remain committed to taking action to address our broken immigration system.”

Biden officials are looking to unveil the executive action after Mexico’s election on Sunday and before the first presidential debate, as reported by CNN.

No final decisions have been made regarding additional executive actions, as per a White House official.

Despite some congressional Democrats urging White House officials to plan another border visit for Biden in the coming weeks, a presidential trip to the border is not currently being considered, according to a White House spokesperson.

With Biden’s approval ratings declining five months before Election Day, the administration has introduced a series of policy changes to persuade skeptical voters that it is taking steps to address the southern border crisis, including new guidance and regulations to swiftly expel ineligible asylum seekers and expedite court cases for certain migrants.