Biden prepares an order that would shut down asylum if a daily average of 2,500 migrants arrive

🌈 Abstract

The article discusses President Biden's plans to sign an executive order that would shut down asylum requests at the U.S.-Mexico border once the average number of daily encounters hits 2,500 between ports of entry, with the border reopening only once that number declines to 1,500. The order is aimed at trying to head off any potential spike in border encounters that could happen closer to the November elections.

🙋 Q&A

[01] The White House's Plans for the Border

1. What are the key details of the executive order Biden is planning to sign?

• The order would shut down asylum requests at the U.S.-Mexico border once the average number of daily encounters hits 2,500 between ports of entry
• The border would only reopen once the daily average declines to 1,500 encounters
• This could go into immediate effect as the current daily figures are higher than 2,500
• The order is aimed at trying to prevent a potential spike in border encounters closer to the November elections

2. How does the order relate to previous bipartisan legislation and the Trump administration's border policies?

• The order adopts some policies directly from the bipartisan Senate border deal, including the idea of limiting asylum requests once encounters hit a certain number
• The administration is using the same legal rationale (Section 212(f) of the Immigration and Nationality Act) that the Trump administration used to take some of its toughest actions on migration

3. What are the potential challenges and criticisms of the order?

• Advocacy groups are preparing to challenge the order in court, arguing it would effectively shut down asylum and raise clear legal problems
• Some Democratic lawmakers, like Senator Padilla, have criticized the order as "not the solution we need" and want a more comprehensive approach
• There are questions about how much cooperation the U.S. would need from Mexico to carry out the order

[02] Reactions and Implications

1. How have lawmakers and border officials responded to the planned order?

• Senior White House officials have been informing lawmakers on Capitol Hill about the details of the planned order
• Texas Congressman Cuellar, who was briefed on the plan, wishes the White House had taken executive action sooner and says cooperation from Mexico will be critical
• Border mayors from Brownsville, Edinburg, and San Diego have been invited to the White House for the announcement of the order

2. What are the potential legal and practical challenges in implementing the order?

• Advocacy groups are preparing to challenge the order in court, arguing it would effectively shut down asylum
• There are questions about how much cooperation the U.S. would need from Mexico to carry out the order, and where migrants would be returned to if not allowed to seek asylum