New Executive Actions For Migrant Crisis

The Biden administration is exploring a range of new executive actions and federal regulations aimed at addressing the migration challenges at the U.S. southern border, according to three individuals familiar with the deliberations. These potential measures represent a comprehensive strategy to tackle a longstanding issue that has posed challenges for the administration since its inception. However, the proposed actions may lead to tensions with certain key constituencies.

Among the discussed ideas is the utilization of a section of the Immigration and Nationality Act to prohibit migrants from seeking asylum between U.S. ports of entry. Additionally, there are discussions about implementing a trigger mechanism linked to a specific number of illegal crossings before the directive takes effect. Another consideration is raising the “credible fear standard” to make it more difficult for migrants to pass the initial asylum screening. The administration is also exploring ways to expedite the deportation of individuals who do not meet the elevated asylum standards. It is anticipated that policy announcements related to these measures could be made ahead of President Joe Biden’s State of the Union speech on March 7.

The proposed policies could serve as an alternative strategy after a bipartisan Senate border deal collapsed earlier this month. However, the administration may face criticism for not utilizing these tools earlier to address the migrant crisis. While no final decisions have been made regarding potential executive actions, the administration aims to address the failure of the border deal politically and demonstrate a commitment to finding solutions to the border challenges as the peak migration season approaches.

An administration official emphasized that no conclusive decisions have been reached, and exploring various options is a standard practice. The potential executive actions are seen as an attempt to mitigate the political implications of the border deal breakdown, especially with growing concerns among Democrats about the southern border becoming a significant election liability for the party. The administration hopes that these measures will signal a proactive approach to voters, showcasing efforts to address the border issue comprehensively.

White House spokesperson Angelo Fernández Hernández stated, “No executive action, no matter how aggressive, can deliver the significant policy reforms and additional resources Congress can provide and that Republicans rejected.” The three individuals familiar with the planning cautioned that the details of the proposed actions are not yet clear, and the impact, particularly of the asylum ban, depends on the specific language of the federal regulation. They also noted potential complications, including the lack of funding and potential legal challenges. Critics, including immigration advocates, are likely to oppose these policies, arguing that they contradict the administration’s promises to build a humane immigration system and protect asylum rights.