What Biden's new border action means for migrants
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President Joe Biden takes the stage at a campaign rally. Photo: Andrew Harnik/Getty Images
Migrants arriving at the U.S.-Mexico border will be largely cut off from accessing the U.S. asylum system starting Tuesday afternoon.
Why it matters: President Biden's long-anticipated executive order designed to respond to border surges once signed will go into effect immediately because of the current levels of illegal border crossings — triggering the administration's most aggressive border action to date.
- Migrants who illegally cross the border will be largely blocked from asylum and could face fast-tracked deportation, according to U.S. officials.
- One senior administration official told reporters Tuesday that removal to Mexico or a migrant's home country could happen as fast as in a matter of hours under the new order.
Reality check: Implementation could face challenges.
- The U.S. will depend on Mexico to take in migrants rejected under the order. While Mexico already receives tens of thousands of Cubans, Haitians, Venezuelans and Nicaraguans every month under a previous agreement, officials did not indicate that Mexico will expand that cooperation.
- Congress also has not provided any new funds to help carry out such a shift in process and policy.
- The administration is preparing for fast legal challenges.
Zoom in: The restrictions mirror actions taken by former President Trump, which were struck down in court.
- Officials pointed to humanitarian exceptions — including exemptions for minors who cross the border without their parents — and the temporary nature of the asylum bar as differentiating factors.
- Once illegal border crossings fall below a daily average of 1,500 in a week, the normal border process with increased access to asylum would resume two weeks later.
- For migrants who manage to express fear of being removed, the order will also make it more difficult for them to pass what is called the "credible fear" interview, which is the first step in the asylum process.
What they're saying: The White House continues to blame Republicans for refusing to pass similar border measures through legislation that would have also beefed up resources for border agencies, among other things.
- And they continue to call on Congress to do more to address the historic levels of migration.
- "Legislation is still the only way to permanently address border security and immigration reform," White House senior deputy press secretary Andrew Bates said in a memo.
Between the lines: Border numbers have fallen drastically from the record high in December, and held relatively steady for most of this calendar year.
- Still, with "Congress failing to act and in the face of the summer months when we typically see encounters increase — and at a time when unlawful crossings at our border are still too high for immigration officials to manage — President Biden is announcing these measures," one senior official told reporters.
