White House could use federal law to control US-Mexico border crossings

The White House is considering using provisions of federal immigration law repeatedly tapped by Donald Trump to unilaterally enact a sweeping crackdown at the southern border, according to three people familiar with the deliberations. Democrats see New York election win as model for tackling immigration issue Read more The administration, stymied by Republican lawmakers who rejected a negotiated border bill earlier this month, has been exploring options that Joe Biden could deploy on his own without congressional approval, multiple officials and others familiar with the talks said. But the plans are nowhere near finalized and it’s unclear how the administration would draft any such executive actions in a way that would survive the inevitable legal challenges. The officials and those familiar with the talks spoke to the Associated Press on condition of anonymity to comment on private White House discussions. The exploration of such avenues bythe president’s team underscores the pressure Biden faces this election year on immigration and the border, which have been among his biggest political liabilities since he took office. For now, the White House has been hammering congressional Republicans for refusing to act on border legislation that the GOP demanded, but the administration is also aware of the political perils that high numbers of migrants could pose for the president and is scrambling to figure out how Biden could ease the problem on his own. White House spokesperson Angelo Fernández Hernández stressed that “no executive action, no matter how aggressive, can deliver the significant policy reforms and additional resources Congress can provide and that Republicans rejected”. “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,” he said. “Congressional Republicans chose to put partisan politics ahead of our national security, rejected what border agents have said they need, and then gave themselves a two-week vacation.” Arrests for illegal crossings on the US-Mexico border fell by half in January from record highs in December to the third lowest month of Biden’s presidency. But officials fear those figures could eventually rise again, particularly as the November presidential election nears. The immigration authority the administration has been looking into is outlined in Section 212(f) of the Immigration and Nationality Act, which gives a president broad leeway to block entry of certain immigrants into the US if it would be “detrimental” to the national interest of the country. Trump, who is the likely GOP candidate to face off against Biden this fall, repeatedly leaned on the 212(f) power while in office, including his controversial ban to bar travelers from Muslim-majority nations. Biden rescinded that ban on his first day in office through executive order. skip past newsletter promotion Sign up to First Thing Free daily newsletter Our US morning briefing breaks down the key stories of the day, telling you what’s happening and why it matters Enter your email address Sign up Privacy Notice: Newsletters may contain info about charities, online ads, and content funded by outside parties. For more information see our Privacy Policy. We use Google reCaptcha to protect our website and the Google Privacy Policy and Terms of Service apply. after newsletter promotion But now, how Biden would deploy that power to deal with his own immigration challenges is currently being considered, and it could be used in a variety of ways, according to the people familiar with the discussions. For example, the ban could kick in when border crossings hit a certain number. That echoes a provision in the Senate border deal, which would have activated expulsions of migrants if the number of illegal border crossings reached above 5,000 daily for a five-day average. Mike Johnson, the House Republican speaker, has also called on Biden to use the 212(f) authority. Yet the comprehensive immigration overhaul Biden also introduced on his first day in office – which the White House continues to tout – includes provisions that would effectively scale back a president’s powers to bar immigrants under that authority. You've read 11 articles in the last year Article count on I hope you appreciated this article. Before you move on, I wanted to ask if you would consider supporting the Guardian’s journalism as we enter one of the most consequential news cycles of our lifetimes in 2024. With the potential of another Trump presidency looming, there are countless angles to cover around this year’s election – and we'll be there to shed light on each new development, with explainers, key takeaways and analysis of what it means for America, democracy and the world. From Elon Musk to the Murdochs, a small number of billionaire owners have a powerful hold on so much of the information that reaches the public about what’s happening in the world. The Guardian is different. We have no billionaire owner or shareholders to consider. Our journalism is produced to serve the public interest – not profit motives. And we avoid the trap that befalls much US media: the tendency, born of a desire to please all sides, to engage in false equivalence in the name of neutrality. We always strive to be fair. But sometimes that means calling out the lies of powerful people and institutions – and making clear how misinformation and demagoguery can damage democracy. From threats to election integrity, to the spiraling climate crisis, to complex foreign conflicts, our journalists contextualize, investigate and illuminate the critical stories of our time. As a global news organization with a robust US reporting staff, we’re able to provide a fresh, outsider perspective – one so often missing in the American media bubble. Around the world, readers can access the Guardian’s paywall-free journalism because of our unique reader-supported model. That’s because of people like you. Our readers keep us independent, beholden to no outside influence and accessible to everyone – whether they can afford to pay for news, or not. If you can, please consider supporting us just once from $1, or better yet, support us every month with a little more. Thank you. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.