The White House is considering Executive Action to Restrict Migrants’ ability to seek Asylum at the U.S.-Mexico Border if they crossed Illegally, and is sure to invite fierce Backlash from Immigration Advocates and Progressives.
The Action being considered at the White House, appears to be an Extension of some of the Toughest measures in the Border Compromise Legislation tanked by Republicans, and another sign of the White House’s efforts to show they’re Aggressive on Border Security ahead of Election Day.
No Final Decision has been made on the Action under consideration, which involves using an Authority known as 212(f) between Ports of Entry, to try to Clamp down on Unlawful Border Crossings. An Administration Official noted that the Aadministration often evaluates Actions that could be taken, but they don’t always move forward.
It’s unclear how the Proclamation under Discussion would be Eexecuted and what, if anything, would be different from what was Enacted during the Trump Administration. Lawyers within the Administration have been reviewing the Action.
“The Administration spent months negotiating in good faith to deliver the toughest and fairest bipartisan border security bill in decades because we need Congress to make significant policy reforms and to provide additional funding to secure our border and fix our broken immigration system,” White House Spokesperson Angelo Fernández Hernández said in a Statement.
“No executive action, no matter how aggressive, can deliver the significant policy reforms and additional resources Congress can provide and that Republicans rejected. We continue to call on Speaker Johnson and House Republicans to pass the bipartisan deal to secure the border,” He added.
Biden suggested earlier this month, He would Shut-Down the U.S.-Mexico Border, if the proposed Border Legislation had been Signed into Law, effectively embracing One of the Toughest Measures included in the Package.
“If the bill were law today, it would qualify to be shut down right now while we repair it,” Biden said.
Trump tried to Close the U.S. Southern Border to Asylum Seekers crossing the Border Unlawfully while in Office, invoking Provisions in Immigration Law, but was Blocked by the Courts.
In 2018, Trump tried to use 212(f), which gives the President broad Authority to implement Immigration Restrictions to Restrict Border Crossings. But ultimately, a Federal Appeals Court, ruled that the Authority conflicts with Asylum Law and the 212(f) Authority doesn’t Override it.
The Case, known as East Bay Sanctuary Covenant v. Trump, served as an example of why the President is Limited in their Ability to Shut-Down the Border. It’s likely to face Legal Challenges if the White House were to move Forward with it.
“President Biden has broad powers under the immigration statute, but they are not unlimited. Section 212(f) of the Immigration and Nationality Act allows a president to suspend the entry of noncitizens who are ‘detrimental to the interests of the United States,’ but that doesn’t mean he can just shut the border to everyone,” Stephen Yale-Loehr, an Immigration Law Expert said.
Administration Officials, facing dwindling Border Security Funds, have also discussed whether declaring a National Emergency could shore up Funds. The White House Supplemental request includes $14 billion in Border Security but remains Stalled in Congress.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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