Addressing Southern Border Challenges: Biden’s Potential Executive Actions. President Biden is considering executive actions to mitigate the surge in southern border migration, amid political challenges and public concern over border security.
Introduction:
President Joe Biden is contemplating new executive measures to address the surge in migration at the southern border following the recent blocking of border legislation by congressional Republicans. An official from the Biden administration, speaking anonymously to USA TODAY, emphasized that no final decisions have been reached regarding potential executive actions.
Exploring Executive Measures:
Reports suggest that the Biden administration is exploring aspects of federal immigration law frequently utilized by former President Donald Trump, a move that might trigger criticism from progressives and immigration advocates.
Section 212(f) Consideration:
According to the Associated Press, Biden is weighing the possibility of actions under Section 212(f) of the 1952 Immigration and Nationality Act, which empowers the president to restrict immigration for individuals deemed detrimental to U.S. interests. This echoes Trump’s utilization of the same provision to implement entry bans for individuals from predominantly Muslim countries, a policy Biden swiftly overturned upon taking office.
Asylum Restrictions:
The New York Times reported that Biden’s executive order could limit the ability of migrants to seek asylum in the U.S. if they enter the country unlawfully, aligning with a similar objective as the bipartisan border legislation blocked by congressional Republicans.
Political Implications:
Immigration remains a focal point of Biden’s re election campaign strategy. The failed legislation in the Senate aimed to grant the Department of Homeland Security authority to close the border to unauthorized migrant crossings exceeding a daily average of 4,000 per week. Additionally, if daily encounters surpassed 5,000, the legislation mandated border closure to unauthorized crossings between ports of entry.
Push for Bipartisanship:
Since the legislative setback, Biden has criticized Republicans for their perceived inaction on border issues, seeking to turn immigration into a winning issue for his re election bid. Angelo Fernández Hernández, assistant White House press secretary, reiterated the administration’s call for bipartisan cooperation in addressing border challenges, emphasizing that executive actions alone cannot achieve the comprehensive reforms and additional resources that Congress can provide.
Border Patrol Encounters and Public Opinion:
Border Patrol encounters reached record highs in December, with over 250,000 encounters reported, exceeding the previous peak in May 2022. However, January saw a 50% decrease in illegal crossings, according to CBP data. Public opinion reflects widespread dissatisfaction with the government’s handling of the border situation, with a majority viewing it as a crisis or major problem. Partisan differences persist in perceptions of the reasons behind migrant influxes, with Republicans more likely to attribute it to perceived leniency in U.S. immigration policies, while Democrats cite violence in migrants’ home countries as a primary factor.
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