Biden Working on Finalizing Plans to Limit Migrant Flow and Tighten Border Security

The White House is in the final stages of preparing a plan to tighten border control between the U.S. and Mexico. This plan would include a halt to asylum requests and immediate denial of entry to migrants once a specific daily threshold of encounters with American border officials is exceeded. President Joe Biden is anticipated to sign an executive order as early as Tuesday, as reported by four sources familiar with the situation.

Following the collapse of a bipartisan border bill earlier this year, the president has been contemplating further executive action. Although illegal crossings at the U.S.-Mexico border have decreased due in part to increased efforts by Mexico, immigration remains a major concern leading up to the U.S. presidential election in November. Republicans are eager to criticize Biden on this issue.

The proposed measures by the Democratic administration are aimed at preventing a potential surge in border crossings as the election season approaches and weather conditions favor higher migration numbers. Two sources, who requested anonymity when speaking to The Associated Press, revealed this information.

Implementing these restrictions would enable Biden to demonstrate that his administration is taking steps to control border numbers without relying on Congressional support, following several recent actions to discourage migration and expedite asylum processing.

The discussions on this matter are ongoing and no final decisions have been made, as emphasized by the sources.

The proposed restrictions represent a proactive effort to address the strain on the nation’s asylum system, accelerate the processing of existing migrant cases in the U.S., and expedite the handling of individuals with criminal backgrounds or those who may not qualify for asylum in the country.

The sources disclosed that the administration is considering adopting some policies from a stalled bipartisan Senate border agreement, such as capping daily encounters at an average of 4,000 per week and determining whether this limit applies to asylum-seekers who have appointments through CBP One, an app by U.S. Customs and Border Protection. Currently, there are approximately 1,450 such appointments daily.

One possibility is that migrants arriving after the designated threshold is reached could be swiftly removed in a process similar to deportation, making it harder for them to return. In the past, migrants expelled under the Title 42 pandemic-era policy could easily re-enter the U.S. This policy allowed Mexico to accept non-Mexican nationals, including individuals from Guatemala, Honduras, and El Salvador.

Typically, families seeking asylum at the southern border are released into the U.S. to await their court hearings. However, with over 2 million pending immigration court cases, some individuals may wait years for their hearing, living in uncertainty during this time.

Although anyone can request asylum regardless of their method of arrival, U.S. officials are increasingly encouraging migrants to make appointments through legal pathways to avoid the dangers and costs associated with illegal border crossings. They are also suggesting applying for asylum through designated locations in Colombia, Guatemala, or Costa Rica.

As criticism from Republicans persists and the influx of migrants increases from Mexico and other regions due to global crises, the Biden administration has become more conservative on border policies.

The authority that the administration is considering utilizing is outlined in Section 212(f) of the Immigration and Nationality Act, granting the president discretion to block entry of certain immigrants if it is deemed damaging to U.S. national interests.

In a recent move, Senate Republicans blocked a bill that would have formalized similar border control efforts, highlighting GOP resistance to such measures despite their calls for stricter immigration policies and accusations that Biden has not done enough to address the migrant influx.

The administration’s expected executive order has not been confirmed by White House officials.

Spokesperson Angelo Fernández Hernández stated, “While congressional Republicans obstructed additional border enforcement, President Biden remains committed to enhancing the resources necessary for border and immigration personnel to secure our borders.”

Following the collapse of the bipartisan deal, Congress allocated funds for increased detention beds, immigration enforcement, and removal operations. These budget increases may pave the way for heightened immigration enforcement by the administration.

However, unlike legislation, executive actions can be legally challenged, and the success of implementing asylum restrictions remains uncertain. The administration is also considering other measures, including stricter enforcement of the asylum process — actions that would be implemented separately from the proposed restrictions.

In the past, the administration has combined crackdowns with expansions of legal pathways, and this approach may be pursued in the future but not simultaneously with the announcement of new restrictions, according to the sources.