President Biden is expected to sign an executive order Tuesday to close the U.S. border with Mexico between official ports of entry while crossings are high, a change aimed at making it harder for people crossing the border illegally to seek asylum .
Under a new interim rule, the president can allow border restrictions to take effect when the average number of apprehensions at the border exceeds 2,500 migrants seven days in a row — as is now the case. The rule also raises the legal bar for an asylum claim at the border, from the reasonable possibility that they will be tortured at home to the reasonable likelihood that this will happen.
The increased restrictions were due to end two weeks after the number of cross-border travelers remained below 1,500 for more than a week. Data shows that the number of border stops has not remained below 1,500 per day for most of the past nine years.
“These measures will significantly increase the speed and scope of consequences for those who cross unlawfully” and will “enable departments to more quickly remove individuals who have no legal basis to remain in the United States,” one of the officials said. many seniors. government officials who informed reporters about the condition of anonymity.
Read more: The Biden administration wants to accelerate the deportation of some migrants. How will it work?
The restrictions would not apply to those entering through official ports of entry or using other legal means, including those using a relatively new mobile app to request an appointment. It would also exempt certain groups, including unaccompanied children, victims of serious forms of human trafficking and people with serious medical emergencies or extreme threats to life and safety.
Administration officials defended their efforts to secure the border, saying they have already turned back more migrants in the past 12 months than in any year since 2010. They also tried to blame Republicans for Congress’ failure to act was successful in passing a bipartisan bill that would give the government more money and authority to control the border.
Officials conceded that the president’s executive action, which is likely to face legal challenges, is essentially a stopgap measure.
“There is no lasting solution to the challenges we face without Congress doing its job,” one official said.
Although Mexico has agreed to accept migrants from several Latin American countries, the government is facing an increase in the number of migrants from other continents, including Asia. Officials said they were working to strengthen deals to fly people to India, China and other countries of origin, but said it remains a challenge.
Officials have faced a barrage of critics on the right, who blame Biden for what they call an out-of-control border, and on the left, who accuse him of repeating former President Trump’s xenophobic policies . Officials have taken pains to distinguish their policies from Trump’s best-known practices, including efforts to ban the entry of people from Muslim-majority countries and to separate children from their families.
Read more: Biden and Mexican President Andrés Manuel López Obrador discuss migration in their latest call
“We will not separate children from their families,” one official said. “It’s not only inhumane, it’s downright ineffective.”
Seeking asylum, regardless of how one arrives on U.S. soil, is a right under the federal Immigration and Nationality Act and international law. That issue proved problematic for the Trump administration’s efforts to limit border crossings, and it could also derail Biden’s latest order.
Amy Fischer, director of refugee and migrant rights at Amnesty International USA, said the expected executive action “plays into false narratives about the border invasions and promotes policies based on white supremacist ideas at the expense of people seeking safety.” in the border areas. US”
“President Biden’s action sets a dangerous international precedent as a unique numerical cap on asylum, limiting the number of people who can seek asylum in the U.S. and effectively closing the U.S.-Mexico border, using the same legal authority . that the Trump administration has implemented the dangerous and xenophobic travel bans on Muslims and Africa,” Fischer said.
Immigration has been one of Biden’s thorniest issues, both practically and politically. He campaigned in large part on reversing Trump’s harshest policies and rhetoric, but after Biden came to power, border crossings and arrests increased dramatically.
Polls show that many voters view immigration and the border as a top issue, often alongside economics, character, democracy and abortion. It’s also the area where they are most likely to rate Trump over Biden, according to an ABC News poll released last month, which shows 47% of Americans trust Trump more in this area, compared to 30% who trust Biden more trusts.
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This story originally appeared in the Los Angeles Times.
