Biden to sign executive order authorizing US to turn away migrants at Mexico border

On Tuesday, President Joe Biden will sign an executive order authorizing the U.S. to turn away migrants entering the country without legal permission when crossings surpass a certain threshold. This decision, outlined by a lawmaker briefed by a White House official, will activate automatically if more than 2,500 migrants enter the U.S. between legal ports of entry.

Biden plans to invoke section 212(f) of the Immigration and Nationality Act for this action, a provision previously utilized by former President Donald Trump to impose immigration restrictions. A White House spokesperson emphasized the administration’s ongoing commitment to addressing the nation’s “broken immigration system.”

Despite members of the Congressional Hispanic Caucus urging Biden not to employ this section of the act during a May meeting, the order proceeds amid recent developments in Mexico. Claudia Sheinbaum’s election victory, securing over 58% of the vote, marks a significant event for the U.S.-Mexico relationship, which has been strained by shared challenges in immigration and drug trafficking.

Earlier this year, a bipartisan Senate deal that proposed automatic asylum restrictions based on crossing thresholds collapsed. This bill suggested restrictions at an average of 4,000 migrants per day and a mandatory shutdown at 5,000 migrants per day.

Unauthorized migration has surged since the COVID-19 pandemic, and the Biden administration has struggled to manage crossings effectively. The executive order specifically targets asylum-seekers who present themselves to border agents rather than sneaking across.

Critics argue the plan violates U.S. refugee law and the Refugee Convention. Marisa Limón Garza, executive director of the Las Americas Immigrant Rights Center, condemned the cap on asylum requests, stressing the importance of established procedures for vetting asylum claims.

David Bier, director of immigration studies at the Cato Institute, called the proposal unworkable, noting that since FY 2019, daily arrests have rarely fallen below 1,500. He labeled the plan “ludicrous.”

U.S. laws present contradictions: while crossing between ports of entry is illegal under Title 8, migrants still retain the right to seek asylum. Despite Biden’s efforts to create lawful pathways, many asylum-seekers continue to cross between ports of entry.

In fiscal year 2023, U.S. Border Patrol encounters and apprehensions exceeded 2.4 million, an all-time high. So far in the current fiscal year, more than 1.5 million encounters and apprehensions have been reported. Illegal crossings have decreased in recent months, a trend attributed to Mexico’s efforts to prevent migrants from reaching the U.S. border.