Biden Issues Executive Order to Temporarily Close Border to Migrants

In a significant policy reversal, President Joe Biden signed an executive order on Tuesday that permits the temporary closure of the U.S.-Mexico border to asylum seekers during periods of heightened migrant crossings.

The executive order stipulates that the border will be closed to asylum seekers when the daily number of migrants attempting to cross exceeds 2,500. The border will remain closed until the average number of daily crossings drops below 1,500 for a consecutive seven-day period. This threshold is based on recent data from U.S. Customs and Border Protection, which reported an average of nearly 6,000 daily encounters in April.

Biden's decision comes amid mounting political pressure and criticism from both parties over his handling of the southern border. The surge in migrant crossings has strained federal resources and become a focal point of voter concern ahead of the upcoming presidential election. The executive order is seen as an attempt to address these issues and demonstrate a tougher stance on border security.

The order allows U.S. immigration officials to swiftly deport migrants who enter the country illegally without processing their asylum claims. This approach mirrors the controversial policies of former President Donald Trump, which Biden had previously criticized. During his campaign, Biden condemned Trump's immigration policies, labeling them as violations of long-standing U.S. asylum laws.

However, the persistent influx of migrants and the failure of legislative efforts to tighten border restrictions have compelled Biden to adopt a more stringent approach. An earlier attempt to pass a bill linking border security measures with aid for Ukraine and Israel failed after Republican lawmakers withdrew their support.

The executive order invokes Section 212(f) of the Immigration and Nationality Act, a presidential authority that allows the suspension of entry for certain groups of migrants deemed detrimental to U.S. interests. This authority gained notoriety during Trump's presidency when it was used to enforce travel bans from several Muslim-majority countries.

The new policy is expected to face legal challenges, similar to those encountered by Trump's immigration restrictions. Despite this, the Biden administration argues that the measure is necessary to prevent the asylum system from being overwhelmed by the high volume of pending applications, which currently exceed 3 million.

The executive order includes limited exceptions for unaccompanied minors, victims of human trafficking, and migrants who use a Customs and Border Protection app to schedule an appointment with a border officer. These exceptions aim to balance the need for border security with humanitarian considerations.

The announcement of the executive order was made at a White House event attended by several mayors from U.S. border cities. Notably, some Republican and Democratic mayors who have been vocal about the border crisis were not invited, leading to criticism that the administration is selectively engaging with local officials.

The political landscape surrounding immigration has shifted significantly during Biden's presidency. Polls indicate growing support for stricter border measures, even among Democrats. This shift reflects the increasing concern among voters about illegal immigration and its impact on the country.

The executive order also comes shortly after Mexico elected its first female president, Claudia Sheinbaum. The Biden administration has been in negotiations with the Mexican government to ensure cooperation in managing the flow of migrants and addressing the root causes of migration.

While the order aims to alleviate immediate pressures on the U.S. immigration system, critics argue that it is a temporary solution that does not address the underlying issues driving migration. Advocacy groups have expressed disappointment, warning that the policy could set a dangerous precedent for future administrations to unilaterally suspend asylum protections.

As the Biden administration navigates the complex and contentious issue of immigration, the executive order represents a significant shift in policy. Whether it will effectively address the challenges at the southern border remains to be seen, but it underscores the administration's willingness to take decisive action in response to a critical voter concern.