Biden will announce an order that will severely limit crossings of asylum seekers
(CNN) — US President Joe Biden is expected to announce an executive order this Tuesday that would effectively close the border with Mexico to asylum seekers who cross illegally at daily border crossings, a sweeping and controversial proposal that is likely to receive sharp rejection from progressives and immigration advocates.
The order, described to CNN by multiple people briefed on it, would mark a significant effort by Biden to address one of his biggest political vulnerabilities just weeks before the first presidential debate with former President Donald Trump. Trump has made hardline immigration policies a cornerstone of his campaign.
The executive order uses an authority known as “212(f),” a regulation used under the Trump administration and widely denounced by Democrats at the time.
The rules, which have been in the works for months, would severely restrict migrants from seeking asylum at the US southern border if daily encounters at ports of entry reach 2,500. Immigrants can still request an appointment to file their asylum claim at a port of entry.
Migrants light a makeshift bonfire as they wait to enter and receive asylum in El Paso, Texas, from Ciudad Juarez, Chihuahua, Mexico, on April 2, 2024. Christian Monterrosa/AFP/Getty Images
Unaccompanied children would be exempted, a key part of the order that will worry immigration advocates who have said such exemptions could encourage some families to send their children to the border themselves.
The decree will allow authorities to reject migrants while it is in effect, whether they are in Mexico or their country of origin. The United States previously worked with Mexico when a COVID-19-era border restriction, known as Title 42, resulted in the return of some migrants to Mexico.
Sources who briefed CNN on the rules cautioned that changes could still be made to the text before it is released publicly this week.
The action would mark a significant policy shift for the Biden administration, which has taken a more aggressive approach to border security after years of dealing with crises sparked by record migration while trying to blunt Republican attacks during a heated election year.
Border officers have recently apprehended fewer than 4,000 migrants crossing the border illegally, and about 1,500 appointments have been made per day through the U.S. Customs and Border Protection mobile app, according to a Homeland Security official.
According to one of the sources, under the decree, the border will reopen when daily illegal crossings decrease.
Senior White House officials, including Chief of Staff Jeff Zients, are convening lawmakers and other stakeholders over the weekend to brief them on the plans, according to two sources familiar with the discussions.
CNN first reported that the White House has begun contacting border mayors to join in the declaration.
Edinburg Mayor Ramiro Garza confirmed to CNN that the administration contacted him this Saturday about attending a Tuesday event at the White House. Brownsville Mayor John Cowen said he has also been invited and will attend. Harlingen Mayor Norma Sepulveda and Laredo Mayor Dr. Victor D. Trevino also confirmed they are expected to attend. McAllen Mayor Javier Villalobos also said he was invited but will not be able to attend.
CNN’s Camila DeChalas contributed to this report.