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White House considers bypassing Congress to crackdown on migration at US-Mexico border – reports

Joe Biden and his White House team are considering using various aspects of federal immigration law – that were repeatedly utilized by Donald Trump during his hardline, anti-immigrant presidency – to unilaterally initiate a sweeping crackdown on migrants crossing into the US across the Mexico border uninvited, according to multiple reports.

The administration, stymied by Republican lawmakers who rejected a negotiated border bill earlier this month, has been exploring options that the US president could deploy on his own without congressional approval, multiple officials and others familiar with the talks told the Associated Press last night.

But the public is warned that plans are not finalized and it’s unclear how the administration would draft any such executive actions in a way that would survive the inevitable legal challenges.

Biden has hardened his rhetoric and policy intentions over the course of his presidency so far and the issue of irregular migration at the southern border – chiefly migrants crossing the border between official ports of entry into the US, because they can’t get an appointment or gain permission to enter for an asylum interview, and turning themselves in to border patrol, hoping then to be able to file an asylum claim.

The notion of a crackdown on asylum seekers by Biden goes against international human rights laws and a tradition of being able to request shelter after reaching US soil and will enrage progressives and immigration advocates, probably provoking legal challenges and political uproar. But voters have consistently told pollsters they disapprove of the White House’s handling of border security.

Texas National Guard officers deter migrants trying to cross from Ciudad Juarez, Mexico, to El Paso, US.
Texas national guard officers deter migrants trying to cross from Ciudad Juárez, Mexico, to El Paso, US. Photograph: Anadolu/Getty Images

Key events

If Biden attempts to implement executive action policy to limit asylum, his administration would likely face legal challenges, CBS News reported.

Lee Gelernt, a lawyer with the American Civil Liberties Union, told CBS that Biden could face lawsuits similar to Trump, when the former president attempted to issue in an asylum ban.

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Gelernt previously helped halt Trump’s ban in federal court.

“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 said to CBS.

Recent polling shows that more Americans are concerned about issues at the border, but a majority still view immigration as central to what makes the country unique.

The latest polling comes as Biden weighs unilateral action limiting the ability to seek asylum at the border.

From PBS News:

For a majority of Americans, the United States’ openness to people from all over the world remains essential to the fabric of the nation. Yet, just as Congress wages a battle over the border and the future of immigration, support for that bigger idea has been eroding, according to the latest PBS NewsHour/NPR/Marist poll.

Welcoming others makes the country what it is, 57 percent of U.S. adults said in this poll, including 84 percent of Democrats and 55 percent of independents. That’s a significant downward shift in attitudes since July 2021, when 66 percent of U.S. adults supported openness to others.

Meanwhile, 42 percent of Americans overall – including 72 percent of Republicans – said they felt that if the U.S. is too open, it runs the risk of losing its identity.

Read the full article here.

Representative Pramila Jayapal, chair of the Congressional Progressive Caucus, said that Biden would be making a “mistake” if he took executive action to stop migrants from seeking asylum at the US-Mexico border.

“This would be an extremely disappointing mistake,” Jayapal said on X of Biden’s potential unilateral action.

“Cruel enforcement-only policies have been tried for 30 years and simply do not work,” Jayapal added.

“Democrats cannot continue to take pages out of Donald Trump and Stephen Miller’s playbook – we need to lead with dignity and humanity.”

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Biden is facing mounting backlash from progressives over reports that he will attempt to curtail migration by using Trump-era federal law.

Top progressive lawmaker Alexandria Ocasio-Cortez criticized Biden for reportedly considering executive action that would restrict migrants from seeking asylum in the US.

The New York representative called out Biden for potentially using federal laws previously implemented by Donald Trump to crack down on migration.

“Doing Trump impressions isn’t how we beat Trump,” Ocasio-Cortez said in a post to X, formerly known as Twitter.

“Seeking asylum is a legal right of all people. In the face of authoritarian threat, we should not buckle on our principles – we should commit to them.

“The mere suggestion is outrageous and the President should refuse to sign it,” she added.

White House considers bypassing Congress to crackdown on migration at US-Mexico border – reports

Joe Biden and his White House team are considering using various aspects of federal immigration law – that were repeatedly utilized by Donald Trump during his hardline, anti-immigrant presidency – to unilaterally initiate a sweeping crackdown on migrants crossing into the US across the Mexico border uninvited, according to multiple reports.

The administration, stymied by Republican lawmakers who rejected a negotiated border bill earlier this month, has been exploring options that the US president could deploy on his own without congressional approval, multiple officials and others familiar with the talks told the Associated Press last night.

But the public is warned that plans are not finalized and it’s unclear how the administration would draft any such executive actions in a way that would survive the inevitable legal challenges.

Biden has hardened his rhetoric and policy intentions over the course of his presidency so far and the issue of irregular migration at the southern border – chiefly migrants crossing the border between official ports of entry into the US, because they can’t get an appointment or gain permission to enter for an asylum interview, and turning themselves in to border patrol, hoping then to be able to file an asylum claim.

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The notion of a crackdown on asylum seekers by Biden goes against international human rights laws and a tradition of being able to request shelter after reaching US soil and will enrage progressives and immigration advocates, probably provoking legal challenges and political uproar. But voters have consistently told pollsters they disapprove of the White House’s handling of border security.

Texas national guard officers deter migrants trying to cross from Ciudad Juárez, Mexico, to El Paso, US. Photograph: Anadolu/Getty Images

Biden reportedly weighing unilateral crackdown on migration at US-Mexico border

Good morning, US politics blog readers, it’s a very busy week considering that Congress isn’t even in full session, but there’s news out of the White House and on the campaign trail and we’ll bring it to you as it happens.

Here’s what’s afoot:

  • Joe Biden is strongly considering taking executive action to crack down on undocumented migrants crossing the US-Mexico border to request shelter in the United States, according to multiple reports.

  • With Congress stalled on legislative action to reform immigration laws and toughen asylum rules at the southern border, the White House is now reportedly weighing unilateral action.

  • The US president is considering using provisions of federal immigration law repeatedly tapped by Donald Trump during his hardline presidency, but Biden would be likely to run into immediate legal challenges from immigrant rights groups and outrage on the left of his party.

  • Irregular immigration is a huge election year topic and opinion polls show that a strong majority of American voters disapprove of Biden’s handling of migration issues at the US-Mexico border.

  • Reverberations are widening from the Alabama court decision to declare that frozen embryos used in IVF are human babies and to destroy them would be a crime. Republican presidential candidate Nikki Haley has weighed in behind the ruling but it’s thrown the healthcare sector and would-be parents into a conundrum.

  • Joe Biden called Russian president Vladimir Putin a “crazy SOB” (son of a bitch) during a fundraiser in San Francisco, warning there is always the threat of nuclear conflict but that the existential threat to humanity remains the climate crisis.



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