Unpacking Bidenâs executive order restricting the southern border
Images: Brendan Smialowski/AFP | Herika Martinez/AFP
President Biden signed an executive order yesterday that essentially bans migrants from claiming asylum in America if they cross the southern border illegally, representing the most restrictive border policy of his tenure.
Letâs break it down: Prior to yesterday, migrants who illegally crossed the southern US border had the option to claim asylum, allowing them to legally remain in the US without fear of deportation while their asylum case was processed.
However, Bidenâs new executive order bans such asylum requests when the seven-day average of illegal border crossings exceeds 2,500/day â a threshold that puts the order into immediate effect, since the southern border has seen 3,700 illegal crossings/day over the last three weeks.
- The asylum ban will remain active indefinitely until illegal southern border crossings fall below a rolling average of 1,500/day, a level last seen at the height of the pandemic in July 2020.
- Migrants who illegally cross the southern border while the asylum ban is in effect will face fast-tracked deportation to Mexico or their home country.
Bidenâs order faces disapproval from both sides of the aisle. Many Republican lawmakers criticized Biden for waiting until the final year of his term to take executive action on the border, framing yesterdayâs measure as a last-resort effort to change votersâ discontent with his immigration policies ahead of the presidential election.
- On the flip side, some progressive Democrats and immigration advocates denounced Bidenâs order for what they framed as a violation of the universal right to claim asylum, and said the law will place tens of thousands of migrantsâ lives at risk.
Looking ahead⌠The left-leaning ACLU announced plans to file a lawsuit challenging Bidenâs executive order hours after it was enacted, arguing the measure is unconstitutional â similar to a Trump-era asylum ban that was eventually struck down in court.
đ Flash poll: Do you support President Bidenâs new policy that effectively bans asylum claims for migrants who cross the southern border illegally?
See a 360° view of what media pundits are saying â
Sprinkles from the Left
- Some commentators argue that Bidenâs head-spinning reversal on immigration after calling out Republicans for similar measures reflects the new political reality facing Democrats, who have to court a voting population which increasingly wants stricter borders.
- Others contend that while the Biden orderâs provisions mostly mirror proposals made in bipartisan congressional legislation first hatched in February, Americaâs ongoing immigration crisis wonât be solved without agreement and action in Congress.
- âBidenâs Crackdown on Migrants Reflects a New Reality for Democratsâ âFarah Stockman, NY Times
- âBiden's Immigration Order Won't Solve the Border Crisisâ âJames Gibney, Bloomberg
- âBiden is taking a page out of Trumpâs immigration playbookâ âRaul Reyes, CNN
Sprinkles from the Right
- Some commentators argue that Bidenâs immigration order looks like a tactical political retreat masquerading as a battle cry, and that voters will likely see the measure as too little, too late to address the recent border crisis made almost entirely by Bidenâs White House.
- Others contend that Bidenâs new order will do little to solve the border crisis that his policies created, and shows his administrationâs hypocrisy by embracing a section of law which theyâve previously shown animosity towards.
- âBidenâs Border Election Gambitâ âWSJ Editorial Board
- âBiden is only pretending to solve the border crisis he createdâ âAndrew Arthur, NY Post
- âBidenâs fake border restrictions are par for his radical courseâ âQuin Hillyer, Washington Examiner
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