The White House is exploring the possibility of utilizing provisions within federal immigration law, previously employed by Donald Trump, to implement a substantial crackdown at the southern border, as disclosed by three individuals familiar with the deliberations.
In light of the recent rejection of a negotiated border bill by Republican lawmakers, the administration, faced with political challenges related to immigration and border control, is considering options for President Joe Biden to take unilateral action without requiring congressional approval. The plans, however, remain in the early stages, and there is uncertainty regarding how the administration would draft executive actions that could withstand potential legal challenges. Individuals familiar with the discussions, including multiple officials, spoke to the Associated Press on the condition of anonymity to share insights into private White House deliberations.
The president's team is exploring these avenues due to the mounting pressure on Biden in an election year, where immigration and border issues have been significant political challenges since he assumed office. While the White House has criticized congressional Republicans for rejecting border legislation, it is also mindful of the potential political risks associated with high numbers of migrants and is actively seeking ways for Biden to address the problem independently.
White House spokesperson Angelo Fernández Hernández emphasized that, despite potential executive actions, meaningful policy reforms and additional resources could only come from Congress, which the Republicans rejected. He pointed out that the administration had engaged in months of negotiations to deliver a bipartisan border security bill, emphasizing the need for Congress to enact significant policy reforms and provide additional funding to address border security and immigration issues.
Arrests for illegal crossings at the US-Mexico border decreased by half in January from the previous record highs in December, marking the third-lowest month of Biden's presidency. However, officials express concern that these figures could rise again, especially as the November presidential election approaches.
The administration is exploring the use of Section 212(f) of the Immigration and Nationality Act, which grants the president broad authority to block the entry of certain immigrants if it is deemed detrimental to the national interest. Former President Trump frequently relied on this authority during his tenure, including the controversial travel ban targeting Muslim-majority nations. Biden revoked this ban on his first day in office via executive order.
The discussions around how Biden might deploy this authority to address immigration challenges are ongoing, with potential applications including activating a ban when border crossings reach a specific threshold, similar to a provision in a Senate border deal. Notably, the comprehensive immigration overhaul introduced by Biden on his first day in office includes provisions that could curtail a president's authority to bar immigrants under Section 212(f).