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By Dan Gooding
Associate News Editor
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President Joe Biden on Tuesday signed an executive order to restrict asylum seekers at the U.S.-Mexico border, using a controversial regulation last introduced by his predecessor.
The new restriction will effectively halt the number of migrants able to cross into the U.S. once a daily cap has been reached and allow officials to swiftly deport those who enter illegally.
The measure would kick in once illegal entries surpassed 2,500 per day over a seven-day average, which means it would take effect immediately as crossings already surpass that figure.
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Legal challenges are expected, with the American Civil Liberties Union (ACLU) telling Newsweek on Tuesday that it would be reading the order closely.
Following the White House announcement, the ACLU confirmed it would sue, just as it had during the Trump administration.
"We need solutions to address the challenges at the border, but the administration's planned executive actions will put thousands of lives at risk," said Deirdre Schifeling, chief political and advocacy officer at the nonprofit, in a press release.
"They will not meet the needs at the border, nor will they fix our broken immigration system."
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Biden's move marks a significant shift in his administration's immigration policy ahead of the election, following criticism that he has failed to deal with thousands of migrants arriving at the southern border every day for the past few years.
While daily crossings have dropped from the record 10,000 seen in December 2023, around 3,500 migrants were apprehended this past Sunday alone, the New York Times reported.
Tuesday's executive order used a law known as Section 212(f), dating from the 1950s, which allows the president to suspend the entry of foreigners who are deemed "detrimental to the interests" of the U.S.
The law was used by former President Donald Trump early in his term in the White House, aimed mainly at banning visitors or migrants from predominantly Muslim countries. That executive action was heavily criticized by Democrats at the time, with Biden signing an order early in his term to reverse Trump's so-called "Muslim ban."
Trump's campaign press secretary Karoline Leavitt said Tuesday morning that Biden's executive order was amnesty, not border security.
"After importing more than 15 million illegal aliens into our country and releasing countless criminal migrants who have brutally raped and murdered our citizens, this new order will facilitate the release of more illegals as quickly as possible with a smartphone app," Leavitt said in a statement.
Research earlier this year showed there was little evidence to support the Trump campaign's claims, with data stating that there was no significant link between immigration and crime rates. Several studies have shown that immigrants are less likely to commit crimes than U.S citizens.
Biden had recently attempted to tackle the issues at the border through bipartisan legislation which would have provided extra funding for Homeland Security, but that bill died after Trump put pressure on Congressional Republicans.
The executive order allows the president to take at least some of the actions he wanted to through that failed bill, though the White House said it was not meant to replace comprehensive immigration reform.
"This cannot achieve the same results as Congressional action, and it does not provide the critical personnel and funding needed to further secure our Southern border. Congress still must act," the White House said in a statement.
Texas Representative Henry Cuellar, a Democrat, told the Associated Press that for the executive action to succeed, cooperation with Mexico would be key.
"If you think about the logistics, where else can they go?" Cuellar told the outlet. "If they're not going to let them in, where do they go? Do they return them (to Mexico), or do they try to deport as many as they can?
"We did add a lot more money into ICE (U.S. Immigration and Customs Enforcement) so they can deport, but the easiest thing, of course, is just send them back to Mexico. You've got to have the help of Mexico to make this work."
The president spoke with Mexico's newly-elected leader, Claudia Sheinbaum, on Monday and both emphasized their commitment to work collaboratively. It was unclear if the two spoke specifically about Tuesday's execution action.
Update 6/4/23: 2:45 p.m. ET: This story has been updated with a statement from the ACLU.
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