President Joe Biden is set to sign an executive order shutting down asylum requests at the U.S.-Mexico border once daily encounters hit 2,500, reopening only when they drop to 1,500. With current figures exceeding 2,500, the order could take immediate effect.
The move, Biden’s most aggressive unilateral action on border control, will be unveiled at the White House on Tuesday, with border mayors in attendance. Five sources confirmed the 2,500 figure, while two confirmed the 1,500 figure. Both are averages over a week.
The executive order follows the collapse of bipartisan legislation to restrict asylum at the border, and despite declining illegal crossings due to Mexican cooperation. Senior White House officials briefed lawmakers, but details on cooperation with Mexico remain unclear.
Using powers under Section 212(f) of the Immigration and Nationality Act, the order echoes Trump’s migration policies. Advocacy groups, like the ACLU, are preparing legal challenges, arguing it effectively ends asylum. Democratic lawmakers also voiced opposition, advocating for broader regional strategies to address migration drivers.
Biden aims to prevent a potential border surge ahead of the November elections. The order includes elements from the failed Senate deal, encouraging asylum requests via the CBP One app, which schedules 1,450 daily appointments.
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