President Joe Biden is adopting tactics similar to former President Donald Trump’s in an effort to curb the influx of asylum-seekers crossing the US-Mexico border. Announced at the White House on Tuesday, Biden’s plan aims to largely close the border to those seeking asylum who cross illegally. This approach mirrors executive actions taken by Trump in 2017 and 2018 to restrict entry from mostly-Muslim countries and to limit asylum claims, respectively.
This move is notable given Biden’s 2020 campaign promise to revoke Trump’s immigration policies, which he fulfilled after taking office. Trump’s asylum policy had also been blocked by federal courts prior to Biden’s repeal.
Politically, Biden’s strategy may reduce Trump’s lead on the immigration issue and attract moderate voters, despite likely angering progressive supporters.
Biden and Trump’s Divergent Immigration Views
Despite this policy shift, Biden and Trump’s views on immigration remain starkly different. Biden advocates for the protection of undocumented immigrants’ children and a pathway to citizenship for those already in the US. In contrast, Trump often portrays migrants as criminals and promises a militarized border approach and mass deportations if re-elected.
Throughout the year, Biden has been moving towards a more centrist position on immigration. His latest decision follows a failed bipartisan attempt in Congress to reform the asylum process, which faltered due to Republican opposition and Trump’s influence.
Biden’s New Plan and Legal Challenges
Under Biden’s new plan, asylum-seekers who cross illegally will be barred from seeking asylum once a daily limit is reached, though some exemptions will apply. This policy will remain until daily encounters average below 1,500.
The American Civil Liberties Union (ACLU), which opposed Trump’s similar actions, plans to challenge Biden’s policy in court. However, the current Supreme Court, with its conservative majority, may be more supportive of Biden’s actions.
Decline in Border Crossings
Recent reports indicate a decrease in border crossings. In Hidalgo, Texas, crossings have dropped from around 250,000 in December to less than 140,000 in recent months, with further reductions in May. Local officials, like Hidalgo County Judge Richard Cortez, acknowledge Biden’s actions but stress the need for comprehensive immigration reform through Congress.
Administration’s Timing and Cooperation with Mexico
Biden’s announcement came shortly after Mexico’s presidential election. The administration believes Mexico’s cooperation is crucial in managing the flow of asylum-seekers.
Public Opinion and Historical Context
Immigration has become a significant issue for voters since the COVID-19 pandemic, with Trump holding a 27-point advantage over Biden in related polls. Presidential authority to control border entry, based on a 1950s law, has been used by recent presidents for various groups, including during the COVID-19 pandemic and for suspected terrorists.
A Department of Homeland Security fact sheet details the new processing changes for noncitizens at the border, emphasizing rapid return to Mexico or home countries for those not expressing fear of return.
This latest move by Biden illustrates a complex interplay between maintaining a humane approach to immigration and addressing political and practical challenges at the border.