New border controls announced on Tuesday by U.S. President Joe Biden could result in immediate deportation or return to Mexico for those found to be unlawfully crossing the US-Mexico border. However, these new measures may not apply to minors who are alone, those at risk due to medical or safety concerns, and victims of human trafficking, according to a high-ranking official.
This more stringent stance on border control comes as immigration becomes a priority issue for American citizens, as they prepare for the elections on November 5th, in which Biden will be running against Donald Trump. Trump has issued firm warnings of a crackdown if he gains victory.
Upon his initial appointment in 2021, Biden planned to amend some of Trump’s hard-line immigration policies, but has since faced an unprecedented number of illegal border crossings, putting immense pressure on border officials and towns welcoming newcomers.
These preventive measures are anticipated to severely augment punitive actions towards those who illicitly cross the southern border, stated the anonymous top official.
However, the asylum restrictions are not indefinite. They will be enforced when the daily average of border detainments peak at 2,500 over seven days and will be halted when the number plunges to less than 1,500 detainments a day. The last recorded decline to these levels was during the beginning of the COVID-19 outbreak in July 2020, which saw a massive reduction in global travel. Border arrests were on average 4,300 a day in April, according to the latest government data.
Yet, there are still unresolved operational queries, such as, the techniques to promptly extradite immigrants from distant or uncooperative nations, and the number of non-Mexican immigrants that would be accepted by Mexico under these new rules.
The recent regulations share similarities with those implemented by Trump, utilising the 212(f) legal statute, which was the groundwork for Trump’s travel bans that blocked citizens from numerous majority-Muslim nations and other countries.
Immigrant and civil rights organisations are anticipated to legally contest these new limitations. They have already expressed dissatisfaction with Biden for adopting policies similar to Trump’s thus bypassing the US’s legal commitments towards asylum seekers.
“Legal action is being threatened by Lee Gelernt, a lawyer representing the American Civil Liberties Union who previously played a part in halting the asylum limitations imposed during Trump’s term. He asserts that any prohibition on asylum is unlawful, echoing a tactic previously attempted, and failed by Trump,” he stated.
A poll conducted by Reuters/Ipsos in mid-May revealed that in terms of immigration policies, Mr Trump was the prefered choice over Mr Biden among registered voters by a significant 17 percentage points.
The new measures faced criticism from all corners of the political sphere. Mr Trump’s campaign, prior to the announcement, released a statement admonishing Mr Biden for increased illegal immigration and arguing that the decision to provide leniency to lone minors may facilitate child trafficking.
Republicans censured the new constraints introduced by Mr Biden, deeming them politically driven and lacking severity. Simultaneously, some Democrats reprimanded Mr Biden for his undermining of asylum access, accusing him of adopting the methods of Mr Trump.
Democratic Senator Alex Padilla from California, expressed his disappointment, stating, “President Biden has compromised American principles and neglected our national duty to offer those escaping persecution, violence, and dictatorship, the chance to find refuge in the US.”
Despite his multiple efforts, Mr Biden has yet to successfully pass a Senate Bill intended to reinforce border security, a concept that mirrors his latest executive decisions. After Mr Trump voiced his opposition, Republicans dismissed the Bill, despite it being formulated by a bipartisan assembly of senators.
Speaking on Tuesday, Andrew Bates, White House deputy press secretary, emphasised, “Legislation remains the only viable solution to permanently tackle border security and reform immigration.”
Recently there has been a decrease in the number of migrants found to be attempting illegal crossings on the US-Mexico border. This trend is partly attributed to the Mexican government’s intensified enforcement efforts.
Mexico’s first ever female president, Claudia Sheinbaum, was elected on Sunday in an overwhelming victory and will assume office from October 1st. Mr Biden’s border containment measures could exert significant pressure on Ms Sheinbaum, who is to succeed the current President, Andres Manuel Lopez Obrador, in managing and reducing illegal border transgressions.
Mr Lopez Obrador has voiced his expectation of a telephonic conversation with Mr Biden as early as Tuesday, acknowledging that “solid progress” has been accomplished on immigration issues between the two nations.
Under the fresh measures, migrants expressing a fear of returning to their home countries will be evaluated for alternative forms of humanitarian protection but could potentially face deportation if it is withheld, a Biden official disclosed to journalists. Those deported will face a minimum ban of five years for re-entry, alongside potential criminal charges.
“A US official touted recent measures to fortify the asylum system, asserting that these will avert unnecessary burdens generated by invalid claims. Conversely, Enrique Lucero, who helms migrant affairs in Tijuana, Mexico – just across from San Diego, California – sounded a note of caution, suggesting that these new protocols might place a strain on migrant shelters due to increased cases of people either in limbo or sent back.
Throughout the previous year, the Biden administration has undertaken various initiatives aimed at toughening the asylum procedures. In May 2023, a directive was issued accentuating the requirements for an initial asylum plea. The Biden team has highlighted that the efficacy of US interventions is hampered by limited resources, a predicament that can only be circumvented through additional funding from Congress – as per a Reuters report.”