Biden shields the southern border against irregular immigration five months before the elections

Starting this Tuesday, the United States imposes new, much stricter measures to limit asylum and close the passage of irregular migrants across its southern border. In a measure aimed at addressing one of the major complaints of voters, just five months before the November presidential elections, the president, Joe Biden, has signed an executive order that allows the closure of the border with Mexico if the number exceeds 2,500. daily irregular crossings for a week. The decree also limits the possibility of asylum for those who enter irregularly and makes possible the rapid expulsion of those who are denied that protection.

In practice, the order makes it possible to close a good part of the border starting this midnight, since during the previous seven days the expected level of irregular entries has already been exceeded: in May, daily entries reached an average of 3,800: there were 118,000 arrests throughout the month. A figure far from the records recorded in December, a month in which the total of 250,000 arrests was exceeded. But it is a number that continues to fuel criticism against the Democratic president’s immigration policy, and that represents one of his great weaknesses compared to his Republican rival, Donald Trump, who promises a very tough hand on the border if he returns to the White House on next January. The former president, who has described immigrants as “poison to the blood of this country,” threatens mass deportations, among other steps.

With this initiative, which has been in the works for months, Biden aspires to take the initiative and present the Democrats as the party that does take measures to control the border, compared to Republicans who have blocked a bill on two occasions since January. of immigration reform drafted by legislators of both parties.

His bet is not without risks: even before the new executive order was made public, groups defending human rights and migrants, as well as legislators from the progressive Democratic wing, criticized the measure. The Civil Liberties Union (ACLU) has already announced this morning that it will take the measure to court. “This action has the same approach as the Trump Administration’s asylum veto,” the organization notes.

The discontent of the progressive wing on the immigration issue adds to what is already dragging on due to the White House’s support for Israel in the war in Gaza. Alex Padilla, the only one latin senator of California, has criticized the White House’s decision. “By reviving Trump’s asylum veto, President Biden undermines the country’s values ​​and abandons one of our obligations,” says the Democratic legislator.

The executive order, as explained by the White House, provides the following: “It will prohibit migrants who cross our southern border illegally from receiving asylum. These actions will be applied when high levels of encounters [cuando los agentes fronterizos detectan inmigrantes entrados de manera irregular] exceed our ability to apply immediate consequences, as is happening now. That will make it easier for immigration officials to expel those without legal grounds to stay. [en EE UU] and will reduce pressure on our border agents.”

The measure uses section 212 (f) of the Immigration and Nationality Act, a resource used by Donald Trump during his presidency to impose a draconian immigration policy and prevent entries into the United States. But, unlike what happened during that mandate, unaccompanied minors will not be affected, as highlighted by senior White House officials who spoke to the press under the condition of anonymity. “We will not separate families,” they have insisted. “Not only is it an inhumane measure, but it is ineffective. “It didn’t stop the flow of irregular migration at all” during Trump’s term.

Another difference with the Trump era, according to senior officials, is that the closure will be reversible: once crossings are reduced to levels considered acceptable (a maximum of 1,500 daily for fourteen days) the border would be open again.

In addition to minors, the measure also contemplates exceptions, senior officials have pointed out, for the seriously ill and those cases in which the affected person alleges, and can demonstrate, a clear risk of torture or other types of mistreatment if they are deported. Those who are determined not to suffer this risk will be deported “as quickly as possible.” They will be banned from entering the country for at least five years and could face legal charges.

The White House estimates that, after the immediate entry into force of the measure, the irregular migratory flow will begin to decrease. “If we can quickly deport” immigrants without the right to asylum, “that will have a significant impact on migratory flows, by changing the calculation of those who consider entering irregularly.”

The Government currently processes about 1,450 applications daily at entry points on the southern border. Immigration authorities have been fighting for months to have these processes started in a mobile application and from the country of origin of those who wish to obtain this right. The Department of Homeland Security, on which the Border Patrol depends, seeks to ensure that the agents who conduct the first interviews to grant asylum have greater freedom to promptly reject anyone who does not meet the conditions. It is estimated that there are some two million asylum requests awaiting a decision by specialized immigration judges. The vast majority of people await the resolution of their cases in the United States and leading a normal life.

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