President Joe Biden is set to sign an executive order on Tuesday to temporarily close the U.S.-Mexico border to migrants if the number of daily encounters hits 2,500 between ports of entry. This move, the strictest border policy by any modern Democrat, follows pressure from voters and political opponents on illegal migration.
According to the Associated Press, the border would be closed to migrants seeking asylum effectively immediately and would reopen again once the number of encounters declines to 1,500. The restrictions, however, will likely not apply to minors, according to The New York Times.
Senior Biden aides have recently briefed Congress on the upcoming action, with the president expected to sign the order alongside South Texas mayors.
The order echoes a 2018 effort by President Trump to block migration, which faced heavy criticism from Democrats and was blocked by federal courts. Despite anticipated legal challenges, Biden’s administration believes this action is necessary due to the increasing political pressure ahead of the presidential election.
“I certainly support it because I’ve been advocating for these measures for years,” said U.S. Rep. Henry Cuellar. “While the order is yet to be released, I am supportive of the details provided to me thus far.”
Polls indicate growing support within the Democratic Party for stricter border measures, once denounced by Democrats and championed by Trump.
The executive action resembles a measure from a failed bipartisan bill earlier this year, which aimed to bolster border security but was blocked by Republicans who deemed it insufficient and didn’t want to give Biden a victory in the election year.
Homeland Security Secretary Alejandro N. Mayorkas emphasized the need for legislative action over executive orders, acknowledging the likelihood of legal challenges to any executive measures.
“Legislation is what is needed,” Mayorkas stated. “Executive action will be challenged, I am confident in that. And then the question will be what is the outcome of those proceedings? Legislation is a more certain delivery of solution.”
While migrants keep seeking asylum in the U.S., the AP noted that the number of illegal crossings at the border has declined for months, partly because of an effort by Mexico. The Times reported that border agents made more than 3,500 apprehensions of migrants crossing illegally on Sunday.
