President Joe Biden is setting the stage to take executive action on immigration at the southern border.
After admitting he needed Congress to address the surge in illegal crossings, he’s now poised to go it alone. This shift comes amid continuous high illegal immigration rates that have challenged his administration.
Congressional Roadblocks
Biden’s call for Congressional support has repeatedly hit walls. Efforts to expand his presidential authority over border policies stumbled as a bipartisan deal failed to launch earlier this year.
This week, however, marks a potential turning point with Biden expected to bypass these legislative hurdles.
Bipartisan Pushback
In May, the Senate dismissed a critical border measure, with both parties uniting against it.
This rejection has prompted the administration to consider unilateral actions, which could include implementing parts of the failed Senate deal independently.
A New Threshold Approach?
The White House, according to insider sources, might impose a daily migrant cap.
They’re considering a limit of 4,000 migrant encounters per day, summing up to 28,000 a week. What happens once these limits are reached, though, remains a big question.
Echoes of Past Policies
The proposed cap resembles a central piece of the rejected Senate bill.
This similarity has not escaped criticism, especially from Republicans who argue that it fails to adequately tackle illegal immigration—a crisis declared by Biden’s own DHS Secretary Alejandro Mayorkas in April.
Leveraging Presidential Power
Under Section 212(f) of the Immigration and Nationality Act, Biden has the authority to block entry to certain immigrants if deemed harmful to national interests.
This legal backdrop has been a tool for past presidents, including Trump, and does not require Congressional nod.
Biden’s Legislative Wishes
Despite the executive route, Biden has repeatedly expressed a preference for legislative solutions.
He has been pushing for a Senate bill that would grant him emergency powers to shut the border under overwhelming circumstances—a bill he’s promised to enact immediately if passed.
Going Solo on Immigration Reform
With Congressional support thin, the White House is reportedly prepared to act alone on immigration reform.
Sources suggest an executive order might be imminent, demonstrating Biden’s determination to address border security without waiting for Congress.
White House’s Persistent Efforts
White House spokesperson Angelo Fernández Hernández recently emphasized ongoing efforts to explore various policy options aimed at fixing the broken immigration system.
He criticized Congressional Republicans for obstructing further border enforcement measures.
Political Timing and Criticism
Republican Speaker Mike Johnson has criticized Biden’s potential border policy reversal, labeling it as “too little too late” and driven by election-year pressures.
Johnson argues that Biden’s actions are more about optics as immigration tops public concern polls.
Allegations of Policy Missteps
Johnson also accuses Biden and DHS Secretary Mayorkas of deliberately loosening border controls, a move he claims has had “catastrophic effects” on the country.
His remarks demonstrate a deep partisan divide over how to handle the border crisis.
Election Year Strategies
As the election looms, Biden’s sudden shift towards executive action on immigration is seen by some as a strategic move to address voter concerns.
Critics, like Johnson, suggest it’s a calculated attempt to salvage voter confidence by demonstrating a tough stance on an issue he’s accused of exacerbating.