President Biden is take executive action on Tuesday to authorize US immigration officials to deport large numbers of migrants without processing asylum claims, the White House said, announcing what could be considered the most restrictive border policy by a Democratic president in recent history.
Mr. Biden’s aggressive move would delay the processing of asylum claims between official entry points on the southern border, allowing U.S. authorities to more quickly reject and deport migrants entering the country illegally, administration officials said on the phone with reporters who saw the order. The president is set to speak at 2 pm at the White House.
The partial ban on asylum claims will take effect almost immediately, officials said. Regular asylum processing will only be restored 14 days after the homeland security secretary determines that the weekly average of illegal border crossings has fallen below 1,500. The proclamation can be reactivated if the weekly average of daily crossings between ports of entry exceeds 2,500.
To the dismay of migrant advocates, the seismic policy change would attempt to undermine US asylum laws, which allow migrants on American soil to seek humanitarian protection, even if they cross the border illegally. But Biden administration officials say the asylum system is overloaded with more than 3 million pending applications, incentivizing migrants to come to the U.S. because it takes years for cases to be decided.
What Biden’s immigration order did
Mr. Biden signed a proclamation to suspend the entry of most migrants at the southern border, while the Justice and Homeland Security Departments issued regulations to implement the directive. The measures will be implemented by midnight on Tuesday.
Migrants who cross the US-Mexico border between legal points of entry when the order takes effect will be barred from asylum and “immediately removed” to Mexico or their country of origin, officials said. The government, one official added, plans to carry out the deportations “within days, if not hours.”
Only migrants who unequivocally express fear of persecution or torture will be screened by US asylum officers, the official said. But they will only be screened for lesser protections – not asylum – and will have to pass a higher-standard interview to avoid immediate deportation.
The asylum action will not apply to unaccompanied minors, those with acute medical conditions or fleeing harm and migrants who use legal channels to enter the US, such as the system supported by the government’s smartphone app known as CBP One. The administration will continue to process approximately 1,500 migrants at ports of entry under CBP One processing.
To justify the policy change, the administration cited a 1950s law known as 212(f) that gives the president the power to suspend the entry of foreigners when the executive branch determines that the arrival is “damaging” to US interests. A similar law has gained prominence under the Trump administration, which has called for restrictions on legal and illegal immigration, including travel from Muslim-majority countries.
Officials said the partial asylum ban would apply to so-called extra-continental migrants, such as those from China, who have traveled to the US border in record numbers in recent years. But he did not say whether Mexico had agreed to repatriate them, fueling speculation that some migrants would still be freed with court notices as certain countries, including China, limit or deny US deportations.
Major policies and political change
Mr. Biden’s policy is modeled after one of the pillars of the bipartisan border security agreement failed twice in Congress because of widespread Republican opposition, giving administration officials an opportunity to argue that they are acting unilaterally on key concerns of the American people in the absence of congressional action.
While sweeping in nature, the announcement will not completely “close” or “shut down” the southern border, because the processing of asylum and legal trade and travel will continue without obstacles in official ports.
In many ways, Mr. Biden’s drastic border pivot stems from the political pressure he faces from Republicans and some Democrats over immigration, one of his worst polling issues.
But also in response to the reality along the US-Mexico border, where American officials have reported a record level of migrant suffering, including more than 2 million in each of the past two years. This year, it’s about migrants down more than 50% from an all-time high recorded late last year, partly due to a months-long campaign by Mexico to stop migrants from reaching the US border.
One administration official said Tuesday’s announcement would “strengthen the asylum system, preventing it from being overwhelmed and supported by people without legitimate claims.”
Andrea Flores, a former Biden administration official, rejected the president’s move, saying it could set a dangerous precedent.
“If the president now demands that he can close asylum when he feels – even though the number of border crossings has decreased by more than 50% – this precedent gives him a pretext to delay immigration to the United States,” said Flores.
Sara Cook contributed reporting.