President Biden issued an executive order on Tuesday (4) that prevents immigrants from seeking asylum at the U.S.-Mexico border, a dramatic measure in an election year where the issue has become one of the top concerns for voters.
The measure is the most restrictive border policy instituted by Biden, or any other modern Democrat, and echoes a 2018 effort by President Donald J. Trump to halt immigration, which was ultimately blocked by federal courts.
Biden said he was forced to take executive action because Republicans blocked bipartisan legislation that included some of the most significant border security restrictions Congress has considered in years.
“We must face a simple truth,” the president said. “To protect America as a land that welcomes immigrants, we must first protect the border and protect it now.”
Aware that the policy would elicit uncomfortable comparisons, Biden made an effort to distinguish his actions from Trump’s. “We continue to work closely with our Mexican neighbors, rather than attacking them,” Biden said. He stated that he would never refer to immigrants as something that “poisons the blood” of the country, as Trump did.
Still, the measure shows how much immigration policy has shifted to the right in the United States. Polls suggest there is support from both parties for Biden’s measures, which were previously denounced by Democrats and championed by Trump.
How will Biden’s measure work?
The order suspends the entry of immigrants who cross the southern border illegally and is set to take effect at 12:01 AM on Wednesday (5), barring legal challenges.
The order will be suspended if the government certifies that fewer than 1,500 people per day, on average, crossed the border over the course of a week.
On Monday (3), about 3,500 people crossed without authorization, in line with trends from recent weeks, according to a person familiar with the data. Thus, the numbers would have to decrease substantially for the suspension to end.
What happens if an immigrant crosses the border and requests asylum?
Until now, when immigrants were detained crossing the border, agents would generally ask them if they feared risks if they returned to their home country. Many say yes, and after going through an initial screening, they were often allowed to remain in the country while waiting, for years and years, for a hearing with a judge who would determine their fate.
But now, immigrants may be rejected more easily.
Immigrants who say they fear returning can still request protection in the United States – but they will have to submit such requests voluntarily without being prompted by border agents. They will also have to use other programs besides asylum, which have much higher requirements and for which most people will not qualify.
Immigration advocates argue that the changes, taken together, amount to a virtual suspension of the asylum system for people crossing the border.
The United States will rely on Mexico to immediately accept its citizens. Some immigrants from other countries may be briefly detained while transportation is arranged. However, it will continue to be a challenge for the government to deport people to certain countries, such as China.
As much as possible, the Department of Homeland Security will keep those requesting protection detained, rather than releasing them into the country. But government resources will be tested, both by the capacity for detentions and the need for staff to process immigrants.
The American Civil Liberties Union said it plans to challenge the executive action in court.
“The administration has left us no choice but to sue,” said Lee Gelernt, an A.C.L.U. attorney who led the lawsuit against the Trump administration’s attempt to block asylum requests in 2018, which resulted in the policy being suspended by federal courts. “It was illegal under Trump and is no less illegal now.”
Are there any exceptions in Biden’s executive measure?
Yes. The asylum restrictions do not apply to unaccompanied immigrant children, victims of human trafficking, people with visas, or those facing serious medical emergencies or threats to their lives, according to the Department of Homeland Security.
Source: The New York Times