Immigration Executive Order: The Dramatic Impact Of Biden’s New Action

President Biden signed an immigration executive order that shuts down the U.S.–Mexico border to asylum seekers after a daily threshold is met. The Biden administration announced the immigration executive order on Tuesday and signed it into law at midnight. The executive order is being criticized by immigration advocates and even members of his own party.

The immigration executive order comes just weeks before the presidential debate. It shows Biden addressing one of his biggest political vulnerabilities. Many criticize the President for not having strong immigration-restricting policies, which have become a major focus of the Trump campaign.

Biden used his presidential 212(f) authority to enact the immigration executive order. This authority allows the President to “suspend the entry” of certain noncitizens into the United States under certain circumstances.  When President Trump used this authority, it was strongly criticized by Democrats.

What is Biden’s Immigration Executive Order?

The immigration executive order will prevent several immigrants from entering the United States at the southern border. It will temporarily shut down asylum requests once the average number of daily encounters exceeds 2,500 at ports of entry. A senior administration official indicated that the border closure could happen immediately since the threshold is being met.

Migrants at the border would be ordered to return to Mexico or another country of origin. They would still have the option to request an appointment for immigration status at a port of entry.

Unaccompanied children are exempt from the immigration executive order. This is worrisome to immigration advocates who believe some families may send their children to the border unaccompanied, potentially endangering them.

The order also states that the border will reopen once there is a decline in daily illegal crossings.

Policy Shift for Biden

The immigration executive order is a sign of a policy shift for Biden. The President has faced border crisis challenges in the past. His previous stance led to record migration and heated the Republican-Democrat battle in government.

Unlawful border crossings are currently averaging just under 4,000 arrests per day. Meanwhile, approximately 1,500 appointments are made through the US Customs and Border Protection mobile app by immigrants seeking legal asylum.

“The border is not a political issue to be weaponized,” Biden said in a White House speech when he announced the order.

Criticism and Support for the Immigration Executive Order

The immigration executive order has received support and criticism from Republicans and Democrats.

Donald Trump campaign spokesperson Karoline Leavett criticized Biden’s exemption rules, saying it would “give a green light to child traffickers and sex traffickers.”

“The border invasion and migrant crime will not stop until crooked Joe Biden is deported from the White House,” she added.

Sen. Kevin Cramer, R-N.D., also had unfavorable feedback. “(Biden) created a crisis at the border intentionally. The (executive action) has more political risk than political benefit, particularly because his base is going to reject it,” he said.

However, the Democrats argued that Republicans failed to address immigration issues. Trump encouraged House GOP members to vote against a bipartisan border funding bill. Republicans argued that the bill wasn’t forceful enough and that more extreme measures were needed.

Senior administrative officials also pointed out that Biden has presented several pathways for individuals and families to enter the country legally including application requirements and family reunification programs.

Immigration advocates have also criticized Biden’s new immigration executive order. “It is a betrayal of what we were told in his campaign four years ago,” said Lindsay Toczylowski, executive director of the Immigrant Defenders Law Center. We were told that President Biden would be restoring humanity at our border- but what we are seeing is history repeating itself.

Lee Gelernt, deputy director of the ACLU Immigrant Rights Project, announced that the advocacy group planned to sue the Biden administration. Administration officials said they were prepared to handle any legal action.