President Joe Biden is considering executive actions and federal regulations aimed at stemming the flow of migrants crossing the U.S.-Mexico border, including changes to asylum standards and stricter points of entry, according to CNN.
With the nation's border apparatus struggling under the burden of surging illegal traffic, the Biden administration has come under heavy fire for failing to do more on the topic through its first three years. The GOP-led House, which has led the way on those escalating criticisms, even voting last week to impeach the Homeland Security chief, Alejandro Mayorkas.
The U.S. Border Patrol recorded 124,220 encounters between ports of entry along the southwest border in January.
The latest figures reflect a drop in border crossings that's no doubt welcome news for the Biden White House, even if it proves temporary, as immigration looms as one of the biggest issues in this year’s presidential election. Exit polls in recent primaries saw voters identify illegal immigration as the foremost concern.
Meanwhile, the border issue has become intertwined with other hot-button topics, chiefly Washington's efforts to authorize fresh military aid for Ukraine and Israel in their respective wars with Russia and Hamas. Legislation linking the aid to border improvements has foundered in Congress for months, with Biden pressing lawmakers to act even as their attacks on his administration ratchet up..
Now, as the election for president draws nearer — it's nine months away — and facing concerning polls showing him facing formidable opposition from former President Donald Trump in a replay of the 2020 race, Biden is bringing the border issue to the fore with a proposed new approach.
Proposed:
Biden is considering using an authority known as 212(f) of the Immigration and Nationality Act between ports of entry. It states: "Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate."
Democrats and Republicans have gone back and forth on immigration regulations to address the burgeoning surge of illegal immigrants with the Senate last week failing to pass a supplemental spending agreement that included aid for Ukraine, Israe,l and Taiwan as well as a border security and immigration package.
A previous version of the Trump administration's so-called "travel ban" was upheld by the Supreme Court, but as CBS News has reported, lower courts blocked the government from using the 212(f) authority to make most migrants ineligible for asylum at the southern border.
It's unclear how Biden might aim to distinguish his effort so his order could better stand up in court. U.S. law gives migrants on American soil the right to request asylum, even in instances where they cross illegally.
Lee Gelernt, an American Civil Liberties Union lawyer who convinced federal judges to halt the Trump administration's asylum ban, said in the CBS report that his group would likely sue the government again if Mr. Biden issues a similar order.
"An executive order denying asylum based on where one enters the country would just be another attempt at the exact policy Trump unsuccessfully tried and will undoubtedly end up in litigation," Gelernt told CBS News.
Solange Reyner ✉
Solange Reyner is a writer and editor for Newsmax. She has more than 15 years in the journalism industry reporting and covering news, sports and politics.
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