The Biden administration is contemplating a series of potential executive actions and federal regulations aimed at addressing the issue of migration along the U.S. southern border, according to three individuals familiar with the plans.
The considered proposals would signify a comprehensive new approach to a challenge that has posed difficulties for the White House since the beginning of its term, potentially putting the president in disagreement with key constituencies.
Among the discussed ideas is the utilization of a section of the Immigration and Nationality Act to prevent migrants from seeking asylum outside official U.S. entry points.
The administration is also exploring the possibility of linking this directive to a trigger, meaning it would only be activated after a specified number of illegal border crossings occur, according to the three anonymous sources involved in private discussions.
A trigger mechanism was a component of a bipartisan Senate border deal that failed to advance earlier in the month. President Joe Biden had mentioned during the deal’s development that it would grant him the authority to “shut down” the border.
Additionally, the administration is considering measures to make it more challenging for migrants to pass the initial asylum screening, effectively raising the “credible fear standard.” Discussions also include ways to expedite the deportation of individuals who do not meet these heightened asylum standards.
Two of the sources suggested that policy announcements could be made as early as next week, preceding President Joe Biden’s State of the Union speech on March 7.
These proposed policies could offer the administration a way to address some of the gaps left after congressional Republicans thwarted a bipartisan border deal in the Senate. However, such actions may expose the administration to criticism for potentially having the means to address the migrant crisis more effectively but delaying their implementation.
An administration official, speaking anonymously about internal deliberations, emphasized that no final decisions have been made regarding potential executive actions. It is common for administrations to explore various options, and the official clarified that considering options does not guarantee the implementation of the discussed policies.
The contemplation of new executive actions coincides with the White House’s attempt to leverage the failure of the border deal into a political advantage for the president. This move also takes place amid rising concerns among Democrats about the southern border becoming a significant electoral liability for the party.
Officials are optimistic that policy announcements will lead to a reduction in the number of migrants arriving at the border, demonstrating to voters that all available options are being exhausted to address the issue as the peak migration season approaches.
“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,” White House spokesperson Angelo Fernández Hernández stated.
“No executive action, no matter how aggressive, can deliver the significant policy reforms and additional resources Congress can provide and that Republicans rejected,” he further added.
There are further complexities. Though the administration is investigating ways to unlock additional cash, any action from the White House would not be possible without the funding and resources that could facilitate implementation. There would probably be legal objections to the actions as well.
Immigration advocates will probably launch a fierce campaign to oppose the regulations once they are unveiled, arguing that the president is once again betraying his pledges to safeguard asylum rights and reestablish a compassionate immigration system.
