What Does Biden’s Executive Order Ahead Of 2024 Election Mean for Illegal Migrants?

Biden executive order: The White House announced on Tuesday new executive actions to curb illegal immigration at the southern border, just months before the November elections.

President Biden is issuing a presidential proclamation to temporarily suspend the entry of non-citizens once the daily average of border encounters exceeds 2,500 over a seven-day period.

This measure, authorized under sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), will remain in effect until the seven-day average drops below 1,500 encounters for two weeks.

Current Border Situation and Historical Context

Border encounters have remained high, with 5,200 encounters being reported in the last 24 hours and an average of over 5,000 daily for the past week.

In April, there were 179,725 encounters at the southern border, compared to 211,992 in April 2023 and 189,357 in March.

Although these numbers are lower than the peaks seen in 2022 and 2023, they are still significantly higher than pre-2021 figures.

Exceptions to the Executive Order

The executive order includes several exceptions.

It does not apply to visa holders, unaccompanied children, victims of severe trafficking, or individuals facing acute medical emergencies or imminent threats to life or safety.

Additionally, migrants seeking entry through ports of entry using the CBP One app are not affected. This app currently allows about 1,500 migrants into the U.S. daily.

Joint Rule and Legal Authority

The executive order will be accompanied by a joint rule from the Departments of Justice and Homeland Security that restricts asylum eligibility during periods of high border encounters.

This marks a significant shift for the Biden administration, which had previously rolled back several Trump-era border protections.

The Trump administration had also utilized section 212(f) on various occasions, although attempts to apply it to the southern border were blocked by legal challenges.

Reactions and Political Implications

The announcement has sparked varied reactions.

A senior administration official emphasized the necessity of congressional action to provide funding and address what the administration describes as a “broken immigration system.”

They stated, “The presidential proclamation, together with the interim final rule, is another important step in our more than three years of ongoing efforts to strengthen our ability to impose consequences on those who cross our southern border.”

Republican lawmakers have criticized the timing of the executive actions. Sen. John Cornyn (R-Texas) remarked, “By my count, he’s issued 94 executive orders since he’s been president for the United States. But he’s waited until today to actually do what he calls effective action on the border. And my question to him is, why did you wait until now if you were serious about doing it? The simple answer is he’s not serious about securing the border.”

Executive Order Amid Political Pressure

The Biden administration faces pressure from both sides of the political spectrum.

Republican lawmakers have long urged the administration to use 212(f) to stop illegal crossings, while some Democratic lawmakers and mayors from major cities like New York City, Denver, and Chicago have called for additional federal funding and expedited work permits for migrants.

Fifteen House Democrats recently wrote to President Biden, urging him to use all available tools, including executive actions, to better address southern border security and facilitate legal immigration.

They stated, “It has become clear that the current situation remains untenable, but with Republicans playing politics on border security, it is time for your administration to act.”

Future Prospects and Legal Challenges

The executive order is expected to take effect immediately.

However, it is anticipated that activists may soon challenge the order legally, similar to previous challenges faced by the Trump administration.

This ongoing situation underscores the complexity and contentious nature of immigration policy in the United States.

What is an Executive Order?

An executive order is a directive issued by the President of the United States that manages operations of the federal government. It has the force of law, allowing the President to direct government agencies and officials in their execution of congressionally established laws or policies. Executive orders are often used to guide the executive branch’s administration of public policies, ranging from national security to regulatory measures.

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