The White House is deliberating executive action aimed at curbing migrants’ ability to seek asylum at the US-Mexico border if they entered the country illegally, a move echoing past controversial measures under the Trump administration. This decision is expected to ignite intense pushback from immigration advocates and progressive groups.
President Joe Biden has grappled with border management challenges amid surging migration levels across the Western hemisphere, culminating in a flood of migrants arriving at the border. The proposed action, reminiscent of stringent border policies scuttled by Republicans, underscores the administration’s bid to project a tough stance on border security ahead of upcoming elections.
While no final verdict has been reached, the potential measure revolves around leveraging an authority known as 212f between border entry points to deter unlawful crossings. Administration insiders revealed that such considerations are routine, though not always implemented.
The specifics and potential deviations from Trump-era policies remain unclear, with the Justice Department’s Office of Legal Counsel scrutinizing the proposed executive order’s legal viability. However, doubts linger among some Justice officials regarding the order’s prospects in the face of anticipated legal challenges.
A White House spokesperson refrained from commenting on the ongoing deliberations, emphasizing the administration’s prior efforts to negotiate comprehensive bipartisan border security legislation.
Biden previously signaled readiness to shutter the US-Mexico border if the proposed legislation had materialized, highlighting a willingness to embrace stringent measures outlined in the bill. Nonetheless, past attempts by Trump to enact similar border restrictions faced judicial rebukes, illustrating the legal constraints on presidential authority in this domain.
In response to dwindling border security funding, discussions have also surfaced regarding the declaration of a national emergency to bolster resources, though no concrete steps have been taken. Meanwhile, the administration has pursued regulatory avenues to tighten asylum eligibility criteria, eliciting comparisons to, and defenses against, Trump-era policies.
Despite a notable decline in migrant apprehensions in January, Homeland Security officials caution against complacency, citing persistent border challenges. Notably, both the US and Mexico have resumed deportation flights to Venezuela, signaling continued efforts to manage migration flows.
As the White House weighs its options, the fate of asylum seekers at the US-Mexico border hangs in the balance, amid a backdrop of legal, political, and humanitarian considerations.
