On Tuesday, US president Joe Biden instituted new immigration plans that entailed increased restrictions on those seeking asylum at the US-Mexico border. The order, which came into effect at Midnight, would bar migrants from entering the border from Mexico without processing their asylum requests, with certain exceptions. According to senior officials, the order will go into effect when the number of migrants entering through the border crosses 2500. This major enforcement nearing the election period will have a serious impact on the same.
Biden’s Immigration Order
In accordance with the order, Migrants caught crossing the border illegally can be deported or turned back to Mexico. Migrants who do not express immediate fear of returning to their home countries would be subject to immediate removal from the United States, and could also face criminal prosecutions or punishments that could bar them from reentering the country for a five year period. Meanwhile, those who express fear or intention of seeking asylum would be screened by an asylum officer but at a higher standard than what is currently used.
However, there are exceptions made for those who face serious medical and/or safety threats, unaccompanied children, and victims of trafficking. The directive also exempts migrants who make appointments with border officials at points of entry using the CBP app. If the screening has been passed, they can seek limited forms of protection in accordance with the UN Convention Against Torture. The restrictions will drop when the daily average of arrests drop below 1500 per day for three weeks. Nonetheless, questions regarding key operational measures remain, such as those regarding nationalities who are denied under Biden’s directive, and the pace of deportation for those belonging to far-away or uncooperative countries.
Why was the Order Issued?
As immigration emerges as one of the most pressing issues in American domestic policy, Biden has toughened his approach to border security. Since taking office in 2021, he had vowed to reverse some of Trump’s restrictive immigration policies, which had led to a steady increase in illegal border crossing, straining the border authorities and those cities that bear the reception of these arrivals.
For months, the Democratic presentation had contemplated unilateral action, following the collapse of a Senate Bill crafted by a bipartisan group for a border security deal after Republicans had rejected it. The legal authority invoked by Biden that allows him to issue these orders falls under Section 212(f) of the Immigration and Nationality Act, which gives the President the power to limit entries for certain migrants if deemed “detrimental” to national interests.
Reactions to the Order
The Order has been received with criticism from all sides, with Republicans claiming that it is not strict enough, while Democrats express concern over the stringent policies. Jennie Murray, president and the CEO of the National Immigration Forum says, “It’s unfortunate that politics are driving the immigration conversation in an increasingly restrictive direction.” Immigration advocates also express concern over the logistics of the order, stating that it would be difficult to remove immigrants when border officials are already tasked with other humanitarian roles.
Meanwhile, Republicans call the order a “political stunt” that intends to show stronger immigration policies in the time period leading up to the elections.
The new policies could put significant pressure on Mexico’s newly elected president. Claudia Sheinbaum, to keep illegal crossings down. On a phone call with the current President Andres Manuel Lopez Obrador, Biden thanked Mexico for their continued cooperation and progress on the matter. Nonetheless, Senior officials are positive on the implementation of the new directive, despite threats from several prominent legal groups to file lawsuits.
