Immigration advocates and progressives are expressing concern over indications that the Biden administration intends to utilize executive action to impose restrictions on asylum applications along the U.S.-Mexico border.
Recent reports, attributed to unnamed administration officials by several media outlets, have emerged at a time when advocates were anticipating an improvement in their relationship with the White House following disagreements over a bipartisan Senate border policy bill.
These reports suggest that the Biden administration is contemplating measures to tighten asylum rules for individuals arriving at the U.S.-Mexico border, drawing comparisons to actions taken by former President Trump, such as the controversial “Muslim ban.”
Azadeh Erfani, senior policy analyst at the National Immigrant Justice Center, criticized the potential executive actions, stating, “The executive actions the Biden administration is considering harken back to some of the darkest chapters of the Trump presidency — leaning on an authority his predecessor used to advance unapologetically racist, Islamophobic and blatantly unlawful attacks on immigrants and asylum seekers.” Erfani emphasized that such actions would contradict President Biden’s revocation of extremist policies upon assuming office.
According to the reports, the proposed executive order would utilize presidential authority to “suspend the entry” of foreign nationals whose presence is deemed contrary to the country’s interests.
While this authority has been invoked by the Biden administration 16 times, primarily in connection to sanctions against countries like Russia and Myanmar, and to prevent the entry of individuals posing a high risk of spreading disease, its application to asylum seekers at the border faces legal complexities.
The Supreme Court has generally upheld a broad interpretation of the president’s power to exclude foreign nationals under the statute, known as 212(f), but this power is not without limits and is subject to other immigration laws, including those aimed at preventing discrimination.
Human rights advocates argue that the reported proposal reflects a harsh, Trump-like approach. Amy Fischer, director of refugee and migrant rights at Amnesty International USA, asserted, “The clear intention behind President Biden’s newest proposed deterrence policy is to create so much fear, pain, and suffering at the border that vulnerable communities abandon their right to seek asylum and instead return to face the violence they are fleeing.”
Progressives have voiced disappointment over the potential policy shift, with Congressional Progressive Caucus Chair Rep. Pramila Jayapal warning that executive action to reduce asylum would be “a mistake.” Representative Jesús “Chuy” García echoed this sentiment, labeling the proposal as “Trump policy.”
The White House and the Department of Homeland Security have not denied considering the proposal, though they have emphasized the need for Congress to enact significant policy reforms and provide additional funding to address border security and immigration issues.
Despite calls for executive action, immigration advocates argue that President Biden has not sufficiently embraced alternative policy solutions, instead resorting to strategies reminiscent of the Trump administration’s approach.
