Biden Tightens Border Controls Ahead of Election

Key Takeaways:

Biden’s executive order limits asylum requests when border crossings exceed 2,500 daily, with reopening criteria based on reduced numbers.
Asylum eligibility changes include ineligibility for unlawful entrants and raised standards for credible fear interviews, with exemptions for vulnerable groups.
The order has mixed reactions: supported by Republicans for border security, criticized by advocacy groups for undermining asylum rights.

What Changes Did Biden Implement with His New Executive Order on Border Controls?

President Joe Biden recently signed an executive order on June 4, 2024, aiming to address the ongoing immigration challenges at the U.S.-Mexico border. This move came as political pressure mounted and the administration prepared for the upcoming November presidential election. Here’s what you need to know about the new border controls and what they mean for migrants and immigration policy.

Biden Tightens Border Controls Ahead of Election

What Are the Key Provisions of Biden’s Executive Order?

Daily Encounters Threshold

One of the central features of the new executive order is the implementation of a daily encounters threshold.

Suspension of Asylum Requests: Asylum requests will be suspended when the daily number of unauthorized border crossings exceeds 2,500 migrants. Given the current levels of border activity, this threshold is expected to be reached immediately.
Criteria for Reopening: The border will reopen for asylum seekers when the daily crossings fall below an average of 1,500 migrants over a consecutive seven-day period.

These measures are designed to manage the influx more effectively and maintain a balance within the immigration system.

Asylum Eligibility Changes

Significant changes have been introduced regarding who can and cannot seek asylum.

General Ineligibility for Asylum: Migrants who cross the border unlawfully will generally be ineligible for asylum. This measure applies to individuals who do not use designated ports of entry.
Stricter Credible Fear Interviews: For those who are still considered for asylum, the bar has been raised significantly. The standard for credible fear interviews now requires a “reasonable probability of persecution or torture,” making it more difficult for migrants to pass these interviews and seek asylum.

Exceptions and Humanitarian Considerations

The executive order does make specific exceptions for more vulnerable groups:

Vulnerable Groups: Unaccompanied minors, victims of human trafficking, and individuals with severe medical emergencies are exempt from the new restrictions.
CBP One App Users: Migrants who use the CBP One app to schedule appointments at ports of entry will not be affected by these new restrictions. This is seen as a way to manage lawful entry and prioritize organized immigration processes.

How Will the Executive Order Be Implemented and What Is Its Impact?

Legal and Procedural Changes

To implement these measures effectively, several legal and procedural changes accompany the executive order:

Interim Final Rule: The Departments of Justice and Homeland Security have issued an interim final rule in line with the executive order. This rule restricts asylum eligibility for those entering the United States irregularly across the southern border.
Expedited Removal: The new measures are designed to facilitate the quick removal of individuals who do not have a legal basis to remain in the United States, thereby reducing the backlog in the asylum system.

Duration of Measures

Temporary Yet Impactful: These restrictions are not permanent. They are intended as temporary measures that will be lifted once the number of migrants crossing the border decreases to a manageable level, ensuring the U.S. immigration system can handle the influx effectively.

What Are the Political and Legal Reactions to Biden’s Border Controls?

Support and Criticism

Reactions to Biden’s executive order have been mixed:

Support from Republicans: Republican lawmakers and border state officials have generally supported the move, considering it a necessary step to secure the border and effectively manage high numbers of migrant encounters. However, some have also criticized the timing of the order as politically motivated due to the upcoming election.
Criticism from Advocacy Groups: On the other hand, immigrant advocacy groups and some Democratic lawmakers have expressed significant opposition. They argue that this order undermines the legal right to seek asylum and endangers the lives of vulnerable individuals. The American Civil Liberties Union (ACLU) has already announced plans to challenge the order in court, questioning its adherence to both U.S. and international law.

What Is the Historical Context and Potential Future Implications?

Comparison to Previous Policies

This executive order is one of the most restrictive border policies adopted by a modern Democratic president. It is reminiscent of measures taken by former President Donald Trump, who utilized Section 212(f) of the Immigration and Nationality Act to limit immigration. However, the Biden administration has sought to differentiate its approach by incorporating humanitarian exceptions and emphasizing a more orderly and fair asylum process.

Challenges in Comprehensive Immigration Reform

The challenges of passing comprehensive immigration reform through legislative means are highlighted by this executive order. Despite multiple attempts, bipartisan efforts to pass significant reform have repeatedly failed due to political divisions and external pressures.

The Legal Battle Ahead

As legal battles over the executive order unfold, the future of U.S. immigration policy remains in flux. The outcome of these challenges will have significant implications for the administration’s ability to manage the border and for broader debates on immigration reform in the United States. To stay informed on this topic, you can visit U.S. Citizenship and Immigration Services (USCIS).

FAQs

How Does the CBP One App Affect Asylum Seekers Under Biden’s New Border Controls?

The CBP One app is designed to help migrants schedule appointments at ports of entry, allowing them to enter the United States lawfully. Under the new executive order, individuals who use this app will not be affected by the new asylum restrictions. This initiative aims to manage migration in a more organized manner and ensure that those who follow legal procedures are prioritized.

Are the New Border Controls Permanent?

No, the new border controls implemented through Biden’s executive order are not permanent. These measures will be discontinued once the number of migrants crossing the border decreases to a level that the U.S. immigration system can manage effectively.

What Are the Criticisms of Biden’s New Immigration Policies?

Critics argue that the new policies undermine the legal right to seek asylum and pose risks to vulnerable individuals. Some advocacy groups, including the ACLU, are planning to challenge the executive order in court, arguing that it violates both U.S. and international law.

What Legal Justification Did Biden Use for These Border Controls?

The executive order relies on sections 212(f) and 215(a) of the Immigration and Nationality Act, which allow the president to suspend the entry of noncitizens if deemed detrimental to the national interest. This legal premise has been used in previous administrations to justify restrictive immigration measures.

In summary, President Joe Biden’s new executive order on border controls represents a significant shift in U.S. immigration policy, focusing on managing the influx of migrants at the U.S.-Mexico border more effectively. It introduces temporary yet stringent measures, limiting asylum eligibility while making exceptions for vulnerable groups and those using organized entry methods like the CBP One app. The executive order has sparked varied reactions, highlighting the ongoing complexities and political tensions surrounding immigration reform in the United States.

Learn Today:

Glossary of Immigration Terms

1. Daily Encounters Threshold
– Definition: A limit set on the number of unauthorized border crossings per day, beyond which specific immigration policies, such as the suspension of asylum requests, come into effect. In Biden’s executive order, this threshold is set at 2,500 migrants.

2. Interim Final Rule
– Definition: A type of regulation issued by federal agencies that becomes effective immediately upon publication, without the normal prior notice and public comment period. It is used to quickly implement significant policy changes, such as those related to asylum eligibility under the new border controls.

3. Expedited Removal
– Definition: A legal procedure that allows immigration authorities to quickly deport individuals who are found to be in the United States without lawful status, without a formal court hearing, if they do not meet certain criteria.

4. Credible Fear Interview
– Definition: A preliminary screening interview conducted by asylum officers to assess whether a migrant has a genuine fear of persecution or torture if returned to their home country. Under the new executive order, the standard for passing this interview has been made more stringent.

5. CBP One App
– Definition: A mobile application provided by U.S. Customs and Border Protection (CBP) that allows migrants to schedule appointments at ports of entry. Under the new executive order, migrants using this app are exempt from certain asylum restrictions, promoting more organized entry processes.

This Article In A Nutshell:

President Biden’s new border control executive order includes a daily encounters threshold, suspending asylum requests once illegal crossings exceed 2,500 daily. Stricter asylum eligibility measures are also introduced, with exceptions for vulnerable groups. This temporary measure aims to manage the border crisis but has sparked mixed political reactions.
— By VisaVerge.com

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