United States Plans to Tighten Border Controls with Mexico

The White House is preparing drastic measures at the U.S.-Mexico border that would limit asylum requests and automatically deny entry to migrants once the number of detainees by U.S. border agents exceeds a new daily threshold. President Joe Biden could sign the executive order as early as Tuesday, according to four sources familiar with the matter, as reported by The Associated Press (AP) on Thursday.

Following the failure of a bipartisan border bill earlier this year, the president has been considering additional executive actions. Although the number of illegal border crossings has decreased in recent months, largely due to intensified efforts by Mexico, immigration remains a major concern ahead of the November presidential elections. Republicans are eager to criticize Biden on this issue, noted AP.

Anonymous sources indicated that the new measures aim to prevent any potential spike in crossings, which could occur as the fall elections approach and the weather cools down. The new plan would allow Biden to claim he has done everything possible to control border numbers without Congressional assistance, despite minor recent steps by his administration to discourage migration and expedite asylum processing, according to AP.

New Restrictions on Asylum Seekers

The new restrictions are seen as “an aggressive attempt to alleviate the country’s overwhelmed asylum system, along with a new effort to expedite the cases of immigrants already in the U.S.,” according to the cited report. The sources also mentioned that some policies from a stalled bipartisan Senate border agreement are being considered. One option under review is limiting the number of encounters to an average of 4,000 per day over a week. It is also being considered whether this limit would include asylum seekers arriving at the border with appointments via the CBP One app of U.S. Customs and Border Protection.

Of the four individuals who informed AP, two said that one option is for “migrants arriving after the border reaches a certain threshold to be automatically expelled in a process similar to deportation and would not easily return.” They explained that “migrants could return more easily to the border if expelled under the pandemic-era policy known as Title 42.” Under that agreement, Mexico agreed to readmit some non-Mexican nationals, including migrants from Guatemala, Honduras, and El Salvador, AP reported.

In the U.S., migrants, especially families, who request asylum at the southern border are usually released to wait for their cases to be resolved. However, there are currently “more than 2 million cases pending in immigration courts, and some people wait years for a court date while living in limbo in the U.S.,” according to the report. Although anyone arriving illegally at the border can apply for asylum, U.S. authorities are urging migrants to make appointments and use legal channels, avoiding the costly and dangerous journey. “Or stay where they are and apply through outposts in Colombia, Guatemala, and Costa Rica,” it stated.

Republican criticism and the large number of migrants crossing into the U.S. have caused Biden to adopt a more conservative stance on border issues. The new measures planned by the Biden administration are covered under Section 212(f) of the Immigration and Nationality Act. “This section grants the president broad discretion to block the entry of certain immigrants into the U.S. if it is deemed ‘detrimental’ to the nation’s interests,” the agency noted. Recently, Senate Republicans once again blocked a bill that would have codified some of these measures, even though they have been calling for more restrictions and arguing that Biden hasn’t done enough to curb the flow of immigrants into the U.S.

The bipartisan bill, which seemed likely to pass, had the support of the National Border Patrol Council and its president, Brandon Judd, an outspoken supporter of Donald Trump, the presumed Republican presidential candidate. “But Trump, concerned about giving Democrats an electoral victory, asked Republicans to kill it, and they did,” according to AP.

Angelo Fernández Hernández, a White House spokesperson, stated that the Biden administration continues to seek policy options to address immigration system problems. “While Congressional Republicans chose to stand in the way of additional border enforcement, President Biden will not stop fighting to deliver the resources that border and immigration personnel need to secure our border,” he said.

According to AP, Congress approved funding in 2024 for a total of 41,500 detention beds and increased law enforcement and deportation operation funds by $1.2 billion more than initially requested by the White House. This includes an additional $106 million to fund programs that monitor immigrants in the asylum system through phone apps and ankle bracelets instead of detention.

The Biden administration recently announced new changes to asylum policy, allowing the U.S. to speed up the expulsion of immigrants deemed "ineligible" at the border. Four people familiar with the matter confirmed to Politico that the changes would be introduced in the credible fear interview, where “immigrants can be deemed ineligible to apply for and receive asylum.”

Additionally, the U.S. government proposed changes to asylum policy at the borders, affecting immigrants with criminal records, who could be rejected without waiting for a judge's decision. Significant changes were also recently announced in asylum policy that could affect oppressors from authoritarian regimes in countries like Cuba, Venezuela, and Nicaragua. According to experts consulted by Martí Noticias, these new measures will restrict the entry to the U.S. of individuals with criminal records or who have participated in repressive activities.