President Joe Biden has signed a series of executive actions aimed at preventing undocumented migrants crossing the southern U.S. border from receiving asylum. The White House stated in an official release that these "actions will be in effect when the high levels of encounters at the Southern Border exceed the capacity to generate timely consequences, as is the case on this June 4th."
The administration claims that the measures authorized by Biden will make it easier for immigration officers to expel those migrants who do not have a legal basis to stay in the United States. This is expected to reduce the burden on Border Patrol agents.
The Biden Administration cautions that Congress still needs to act to resolve the immigration issue at the border with Mexico, as the president’s actions do not provide the necessary personnel or funding to secure the situation.
Executive Actions by the Biden-Harris Administration
The first action is to ban immigrants who illegally cross the southern border from receiving asylum. President Biden issued a proclamation under sections 212(f) and 215(a) of the Immigration and Nationality Act suspending the entry of non-citizens who cross the border illegally.
This is accompanied by an interim final rule from the Departments of Justice and Homeland Security, which restricts asylum for those non-citizens. The rule will be in effect when the southern border is overwhelmed and will facilitate the rapid expulsion of individuals who do not have a legal basis to remain in the United States.
The Biden Administration clarifies that these actions are not permanent and will be suspended when the number of migrants crossing the border between ports of entry is low enough for the U.S. system to manage border operations safely and effectively.
Additionally, the actions include humanitarian exceptions similar to those in the bipartisan border agreement announced in the Senate, such as cases involving unaccompanied children and trafficking victims.
Recent Actions to Secure the U.S. Border
1. Strengthening Asylum Screening Process
The Department of Homeland Security published a proposed rule to ensure that migrants posing a public or national security risk are expelled as quickly as possible in the process rather than remaining in prolonged and costly detention before their expulsion.
2. Accelerating Immigration Case Resolution
The Departments of Justice and Homeland Security launched a docket for recent arrivals to more quickly resolve immigration cases of migrants attempting to cross between ports of entry at the southern border in violation of the law. The Department of Justice will be able to address these cases more swiftly, and Homeland Security will be able to expel more individuals who do not have a legal basis to remain in the U.S. while granting protection to those with valid claims.
3. Visa Revocations for Executives and Officials Benefiting from Illegal Immigration
The Department of State imposed visa restrictions on executives of various Colombian transport companies profiting from the trafficking of migrants by sea. This action targets companies that facilitate illegal entry into the U.S. and sends a clear message that no one should benefit from the exploitation of vulnerable migrants.
The State Department also imposed visa restrictions on over 250 members of the Nicaraguan government, non-governmental actors, and their immediate family members for supporting the Ortega-Murillo regime, which is selling transit visas to migrants in and out of the West. The Department revoked visas from charter airline executives for similar actions.
4. Expanded Efforts to Dismantle Human Trafficking and Support Immigration Processes
The Departments of State and Justice launched a "Rewards for Smuggling" initiative designed to dismantle the leadership of human trafficking organizations bringing migrants through Central America and the southern U.S. border. The initiative will offer financial rewards for information leading to the identification, location, arrest, or conviction of key figures in significant human trafficking activities in the region.
The Department of Justice will seek new and greater penalties against human traffickers to adequately account for the severity of their criminal conduct and the human misery it causes. The Justice Department is also partnering with the Department of Homeland Security to direct additional prosecutors and support staff to enhance immigration-related prosecutions in critical federal border district offices.
Efforts include deploying additional special assistant U.S. attorneys from DHS to various federal prosecutor’s offices, assigning support staff to critical U.S. attorney’s offices, including DOJ attorneys to provide details in federal prosecutor offices in several border districts, and partnering with federal agencies to identify additional resources to combat these crimes.
5. Enhancing Immigration Law Enforcement
The Department of Homeland Security has deployed agents to the southern border and is referring a record number of individuals for expedited removal. DHS is operating more repatriation flights per week than ever before. Last year, DHS expelled or returned more than 750,000 individuals, more than in any fiscal year since 2010.
6. Seizing Fentanyl
The President has added 40 drug detection machines at entry points to disrupt fentanyl smuggling into the national territory. The Biden Administration asserts it is working with the Mexican government on these sensitive issues at the border.
The release mentioned that recently, the Department of Justice extradited Néstor Isidro Pérez Salaz, known as "El Nini," from Mexico to the United States to face charges for his role in illicit fentanyl trafficking and human rights abuses.
Key Questions About U.S. Border Policy Changes
Here are some frequently asked questions about the recent changes in U.S. border policy and their implications.
What are the new asylum restrictions?
The new restrictions make it so that undocumented migrants who cross the southern border illegally are not eligible for asylum.
Who is affected by these new rules?
Non-citizens who cross the southern U.S. border illegally are affected by these new rules, which aim to expedite their expulsion if they do not have a legal basis to remain in the country.
Are there any exceptions to these new policies?
Yes, humanitarian exceptions exist for cases such as unaccompanied children and trafficking victims.
What actions are being taken to combat human trafficking?
The Departments of State and Justice have launched initiatives to dismantle human trafficking organizations, including offering financial rewards for information leading to the arrest or conviction of key figures in trafficking activities.
How is the Biden Administration addressing the issue of fentanyl smuggling?
The administration has added 40 drug detection machines at entry points and is working closely with the Mexican government to combat fentanyl smuggling into the U.S.