President Joe Biden is on the verge of signing an executive order that could severely limit asylum requests at the U.S.-Mexico border, sources told the Associated Press. The order would enact a daily threshold for migrant encounters, with any excess leading to an automatic denial of entry.
The move comes on the heels of a deadlocked bipartisan border bill and months of declining illegal crossings, thanks in part to increased enforcement by Mexico. With the U.S. presidential election on the horizon, immigration continues to be a hotspot for political debate, especially among Republicans poised to criticize Biden's approach. According to AP sources, this latest push from the Democratic administration could prevent a potential uptick in border crossings as the November election inches closer and temperatures drop – traditionally a period when such numbers escalate.
Under consideration is a proposed cap on encounters, setting an average of 4,000 per day over a week, though it remains unclear if that limit would cover asylum-seekers who have appointments through the CBP One app. White House spokesperson Angelo Fernández Hernández told the Associated Press, the administration "continues to explore a series of policy options and we remain committed to taking action to address our broken immigration system."
The current talks could result in stringent measures such as expedited removals similar to deportations, which would complicate returning to the U.S. border for expelled migrants – a stark contrast to the flexibility provided under the pandemic-era Title 42 policy. In response to over two million backlogged immigration court cases, the administration also intends to accelerate asylum processing, particularly for those with criminal records or likely to be denied asylum, sources indicated.
Last week, Senate Republicans again blocked legislation that sought to solidify some of these measures into law, with the National Border Patrol Council's endorsement not being enough to sway the vote. White House officials have not confirmed the impending executive order, but funding for immigration enforcement and the expansion of programs monitoring asylum seekers have already received significant boosts this year, which could lay the groundwork for tighter enforcement on the administration's part.
While executive action carries the risk of legal challenges, it remains an immediate tool at Biden's disposal amidst a gridlocked Congress. Fresh actions could include expedited and rigorous enforcement of asylum processes, paired with future plans to open legal pathways, yet such expansions are not expected to accompany the announcement of new restrictions, according to the Associated Press report.
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