Biden rolls out asylum restrictions, months in the making, to help ‘gain control’ of the

WASHINGTON (AP) — President Joe Biden on Tuesday unveiled plans to enact immediate significant restrictions on migrants seeking asylum at the U.S.-Mexico border as the White House tries to neutralize immigration as a political liability ahead the November elections.

The long-anticipated presidential proclamation would bar migrants from being granted asylum when U.S. officials deem that the southern border is overwhelmed. The Democratic president had contemplated unilateral action for months after the collapse of a bipartisan border security deal in Congress that most Republican lawmakers rejected at the behest of former President Donald Trump, the presumptive GOP presidential nominee.

Biden said he preferred more lasting action via legislation but “Republicans have left me no choice.” Instead, he said he was acting on his own to “gain control of the border” while also insisting that “I believe immigration has always been the lifeblood of America.”

Trump “told the Republicans … that he didn’t want to fix the issue, he wanted to use it to attack me,” Biden said. “It was a cynical, extremely cynical, political move and a complete disservice to the American people who are looking for us not to weaponize the border but to fix it.”

Trump, on the other hand, used his social media account to assail Biden again over immigration, saying the Democrat had “totally surrendered our Southern Border” and his order was “all for show” ahead of their June 27 presidential debate.

The order will go into effect when the number of border encounters between ports of entry hits 2,500 per day, according to senior administration officials. That means Biden’s order should go into effect immediately, because the daily averages are higher now. Average daily arrests for illegal crossings from Mexico were last below 2,500 in January 2021, the month that Biden took office. The last time the border encounters dipped to 1,500 a day was in July 2020, at the height of the COVID-19 pandemic.

The restrictions would be in effect until two weeks after the daily encounter numbers are at or below 1,500 per day between ports of entry, under a seven-day average. Those figures were first reported by The Associated Press on Monday.

For instance, the administration already has an agreement with Mexico in which Mexico agrees to accept up to 30,000 citizens a month from Cuba, Haiti, Nicaragua and Venezuela once they are denied entry from the U.S., and senior administration officials say that will continue under this order. But it is unclear what happens to nationals of other countries who are denied under Biden’s directive.

Four senior administration officials, who insisted on anonymity to describe the effort to reporters, acknowledged that Biden’s goal of deporting migrants quickly is complicated by insufficient funding from Congress to do so. The administration also faces certain legal constraints when it comes to detaining migrant families, and the administration said it would continue to abide by those obligations.

The legal authority being invoked by Biden comes under Section 212(f) of the Immigration and Nationality Act, which allows a president to limit entries for certain migrants if their entry is deemed “detrimental” to the national interest. Senior officials expressed confidence that they would be able to implement Biden’s order, despite threats from prominent legal groups to file lawsuits over the directive.

“We intend to sue,” Lee Gelernt, an attorney for the American Civil Liberties Union who successfully argued similar legal challenges when Trump was president. “A ban on asylum is illegal, just as it was when Trump unsuccessfully tried it.”

The senior administration officials insisted that Biden’s proposal differs dramatically from that of Trump, who leaned on the same provisions of the Immigration and Nationality Act that Biden is using, including Trump’s 2017 directive to bar citizens of Muslim-majority nations and his efforts in 2018 to clamp down on asylum.

Biden’s order outlines several groups of migrants who would be exempted due to humanitarian reasons, including victims of human trafficking, unaccompanied minors and those with severe medical emergencies.

The directive would also exempt migrants who make appointments with border officials at ports of entry using the CBP One app. About 1,450 appointments are made a day using the app, which launched last year to allow migrants to make asylum claims.

Immigration advocates worry that Biden’s plan would only increase an already monthslong backlog of migrants waiting for an appointment through the app, especially when immigration authorities do not have an accompanying surge of funding.

It could also be difficult for border officials to quickly remove migrants when many agents are already tasked with helping in shelters and other humanitarian tasks, said Jennie Murray, the president of the National Immigration Forum.

“Customs and Border Protection cannot keep up with apprehensions as it is right now because they don’t have enough personnel so it would cause more disorder,” she said.

Republicans dismissed Biden’s order as nothing more than a “political stunt” meant to show toughened immigration enforcement ahead of the election.

“He tried to convince us all for all this time that there was no way he could possibly fix the mess,” GOP House Speaker Mike Johnson said at a news conference. “Remember that he engineered it.”

In a call organized by Trump’s campaign, Stephen Miller, a senior adviser in Trump’s White House who orchestrated his most polarizing immigration policies, and Tom Homan, former acting director of the Immigration and Customs Enforcement in the Trump administration, said Biden’s order essentially would allow 2,500 people into the country a day and legalize the illegal entry into the U.S.

“The only reason they’re doing this is because of the election,” Homan said. “They’ve had three and a half years to take action and done nothing,” he said. “They’ve done nothing to slow the flow.”

Democratic Senate Majority Leader Chuck Schumer said legislation would have been more effective, but “Republican intransigence has forced the president’s hand.”

___

Associated Press writers Will Weissert in Washington, Michelle L. Price in New York and Valerie Gonzalez in Reynosa, Mexico, contributed to this report.