The Biden administration is rapidly implementing a new policy to restrict asylum access for migrants crossing the US-Mexico border illegally, marking a significant effort by President Joe Biden to confront a major political challenge.
Announced at the White House on Tuesday afternoon, the executive action seeks to address border issues after a previous bipartisan effort failed earlier this year.
This move represents the administration’s most decisive action on the southern border as Biden attempts to manage immigration ahead of the upcoming presidential debate.
The strategy leverages the same authority former President Donald Trump sought to use during his tenure.
The White House confirmed that the new policy would take effect at midnight.
During his White House address, Biden attributed the need for executive action to congressional Republicans who obstructed a bipartisan border agreement.
“I’m moving past Republican obstruction and using the executive authorities available to me as president to do what I can on my own to address the border,” Biden stated.
Under the new directive, migrants who cross the border illegally will be barred from seeking asylum once a daily threshold is reached.
Exceptions will be made for certain individuals, but most will be turned back to Mexico or their home countries.
On Monday, border authorities encountered approximately 3,500 migrants crossing illegally, surpassing the threshold necessary for the new policy to be enacted, according to a Homeland Security official.
Recently, Homeland Security has been arresting just under 4,000 migrants daily at the US-Mexico border, a decrease from last year’s record numbers.
However, the consistent flow of migrants has remained a persistent issue for the Biden administration amid widespread migration across the Western Hemisphere.
The new measure can be adjusted as needed. Senior administration officials indicated it would be lifted when the daily average of encounters drops below 1,500 between ports of entry.
Certain groups are exempt from the policy, including unaccompanied children, victims of severe trafficking, those with acute medical emergencies, or individuals facing imminent and extreme threats to life and safety.
Migrants can still seek asylum by scheduling an appointment through the Customs and Border Protection mobile application, CBP One.
Biden emphasized his preference for bipartisan legislation to address the border crisis comprehensively.
“Frankly, I would have preferred to address this issue through bipartisan legislation because that’s the only way to actually get the kind of system we have now that’s broken, fixed.
To hire more Border Patrol agents, more asylum officers, more judges.
But Republicans have left me no choice,” Biden remarked during his speech from the East Room.
Critics have compared Biden’s move to policies enacted by Trump.
As a candidate, Biden criticized Trump’s border policies as “inhumane.”
During a call with reporters, an official defended the new measures as distinct from Trump’s approach, acknowledging potential legal challenges from both political sides.
One official highlighted the differences, stating, “The Trump administration attacked almost every facet of the immigration system, and did so in a shameful and inhumane way.
The action will not ban people based on their religion, it will not separate kids from their mothers.
There’re also narrow humanitarian exceptions to the bar on asylum, including for those facing an acute medical emergency or an imminent and extreme threat to life or safety – the Trump administration’s actions did not include these exceptions.”
Addressing criticism from progressives and others, Biden asserted the necessity of his actions.
“For those who say the steps I’ve taken are too strict, I say to you that be patient and the good will of the American people is wearing thin right now.
Doing nothing is not an option.
We have to act.
We must act consistent with both our law and our values.
Our values as Americans.
I take these steps today, not to walk away from who we are as Americans, to make sure we preserve who we are for future generations to come,” he said.
Biden also directly rebuked Trump.
“I will never demonize immigrants, I will never refer to immigrants as poisoning the blood of a country.
And further I’ll never separate children from their families at the border.
I will not ban people from this country because of their religious beliefs.
I will not use the US military to go into neighborhoods all across the country to pull millions of people out of their homes and away from their families, to put detention camps while awaiting deportation, as my predecessor says he’ll do if he occupies this office again,” Biden stated.
Despite acknowledging strained federal resources, senior administration officials maintain that the new measure will expedite the removal of migrants.
Those not claiming a fear of persecution may be removed within days or hours, while others will undergo screening to determine eligibility for asylum.
Homeland Security has been preparing for a potential rise in border crossings, which typically increase during the summer, by reallocating resources and personnel.
Officials view the new measure as a tool to manage this anticipated surge.
The policy also depends heavily on cooperation from Mexico, which has previously agreed to accept up to 30,000 migrants per month from Cuba, Haiti, Nicaragua, and Venezuela.
However, officials did not confirm if any new agreements with Mexico had been reached regarding the latest executive action.
