Biden orders asylum restriction for border
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US President Joe Biden on Tuesday signed an executive order aimed at blocking migrants' access to the US asylum system during periods of high illegal border crossings. The move is seen as an effort to address one of his biggest vulnerabilities for reelection in November.
Democrats have expressed concern for months that a potential summer migration surge could overwhelm the Border Patrol and negatively impact Biden's chances against former president Donald Trump, the presumptive GOP presidential candidate.
Biden used executive authority to impose broad restrictions, which will be in effect if illegal entries remain above an average of 2,500 per day, according to The Washington Post.
During a White House press conference detailing the order on Tuesday, Biden said that asylum access would still be available to migrants who registered for an appointment using the CBP One mobile app or utilized other legal pathways instead of crossing illegally.
"This measure will aid us in gaining control of our border and reinstating order into the process," Biden said. "This ban will remain in effect until the number of individuals attempting to enter illegally is reduced to a level that our system can effectively manage."
In April, US border arrests averaged 4,300 per day, according to the latest available government statistics. The ban will be temporarily lifted when arrests decrease below an average of 1,500 per day for three consecutive weeks. The last time crossings reached that level was during the early months of the COVID-19 pandemic in July 2020, coinciding with historic lows in global travel.
Since Biden took office, Mexican authorities have agreed to accept large numbers of non-Mexican border crossers deemed ineligible for US asylum. During Biden's administration, more than 6.4 million migrants have been apprehended while attempting to cross into the US illegally.
The Trump administration utilized the same regulation to implement bans on immigration and travel from several predominantly Muslim countries, as well as to prohibit migrants from seeking asylum if they were apprehended crossing into the US illegally. Those actions prompted accusations of racism.
White House officials stated that Tuesday's measures serve as a temporary solution due to the repeated failure of a bipartisan bill this year. The bill would have combined the asylum cap with additional funding for immigration enforcement, but it faced opposition from both parties.
Republicans, including Trump, were against the bill, citing concerns about its potential impact on the upcoming election year.
Senator John Cornyn of Texas and other Republicans criticized Biden's new policy as a political stratagem to appeal to voters before the presidential election.
"The simple fact of the matter is that the same laws that were in effect back when President Trump was in office are still in effect, but the difference is the unwillingness of this White House and this administration simply to enforce the law," Cornyn stated.
California Senator Alex Padilla condemned the policy in a statement, accusing Biden of "reviving Trump's asylum ban".
The order is expected to encounter legal challenges if implemented as intended.
The order has the potential to curb the influx in San Diego, California.
San Diego County Supervisor Jim Desmond, who has been advocating for federal intervention to curb illegal crossings, described San Diego as "the new epicenter for migrants and illegal immigration".
It has been reported that for the first time in 25 years San Diego County has become the busiest corridor for illegal crossings along the US-Mexico border, as popular migration routes have continued to shift west from Arizona and Texas.
Pedro Ríos, director of the American Friends Service Committee's US-Mexico Border Program, told the San Diego Union-Tribune that there is a notion that crossing through San Diego is "less risky".
"Human smugglers have identified California, particularly the San Diego border sector, as the path of least resistance for illegal immigration," Desmond said. "Border Patrol has inadvertently become the ‘Uber' for migrants entering San Diego County, and the county is the travel agent."
Agencies contributed to this story.