TL/DR –
President Joe Biden has announced an executive action to restrict access to asylum at the U.S.-Mexico border, allowing the U.S. Border Patrol to shut down all asylum processing when the number of migrant crossings between ports of entry exceeds 2,500 per day over a seven-day period. The action has been met with mixed responses, with legal and migrant advocacy groups planning to sue and claiming the policy is a rehash of a Trump-era asylum ban. The executive action will not impact asylum processing at legal border crossings and processing will resume when the number of migrant crossings falls below 1,500 per day over a seven-day period.
President Biden’s Asylum Restrictions Elicit Mixed Responses
President Joe Biden’s recent action to restrict access to asylum at the U.S.-Mexico border has garnered both criticism and support from Democrats, Republicans, and migrant advocates.
The executive action empowers the U.S. Border Patrol to suspend all asylum processing under sections 212(f) and 215(a) of the U.S. Immigration and Nationality Act if migrant crossings between ports of entry exceed 2,500 per day over a week. The processing will resume once migrant crossings reduce to below 1,500 per day over a seven-day period. The order won’t affect asylum processing at legal border crossings.
Biden expressed his preference for addressing this issue through bipartisan legislation to repair the existing system. He blamed Republicans for backing out of a bipartisan border agreement in February.
The language in the executive order ensures an immediate halt of all asylum processing between border crossings seven days from when the order becomes effective in Arizona. Legal and migrant advocacy groups have pledged to contest this policy, claiming it mirrors a previous Trump-era asylum ban that U.S. courts invalidated.
Politicians and Advocacy Groups Respond
Lee Gelernt, the deputy director of the American Civil Liberties Union’s Immigrants’ Rights Project, stated, “We intend to challenge this order in court. It was illegal when Trump did it, and it is no less illegal now.”
Sen. Mark Kelly and Rep. Greg Stanton joined Biden at the announcement. They welcomed the executive action at the border. Kelly called the order a step forward to address urgent needs at the border, while also stating that the situation arose due to Congress’s failure to address the border issue.
Other politicians like Rep. Ruben Gallego, D-Ariz., supported Biden’s proclamation but stressed the need for further action. Yet, the executive order faced opposition from migrant advocacy groups, Republicans skeptical of Biden’s border policies, and some Democrats who believe Biden has overstepped.
Republicans like Kari Lake and Rep. Eli Crane, R-Ariz., criticized the timing of the executive order, calling it politically motivated and an attempt to secure votes in the upcoming elections.
Opposition and Skepticism
Progressive Democrats and advocates have criticized Biden’s proclamation, stating it goes against his promise of a more humane and just approach to immigration. Rep. Raúl Grijalva, D-Ariz., stated, “This executive action represents a significant departure from President Biden’s promise of a more humane and just approach to immigration.”
Migrant and legal advocacy groups also opposed the proclamation, arguing that it would harm individuals legitimately seeking protection in the U.S. Laura St. John, the legal director for the Florence Immigrant and Refugee Rights Project in Arizona, called the announcement “disgraceful” and warned that it could lead to increased family separations and endanger asylum seekers.
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