President Biden debates invoking 1952 law to crack down on migrants at U.S. southern border

President Biden and his administration are currently contemplating the implementation of a widely known presidential authority in order to tackle the surge of migrants arriving at the southern border of the United States, according to sources familiar with the matter.

A Potential Utilization of a Controversial Law

The administration is reportedly evaluating the use of a law dating back to 1952, known as 212(f), to impose stringent limitations on access to the U.S. asylum system. This comes in response to the unprecedented influx of migrants along the border with Mexico, which has placed considerable strain on the existing system.

The law in question grants the President the authority to "suspend the entry" of foreigners when it is deemed not in the best interest of the country. This mechanism gained notoriety during the Trump administration, which utilized it to enforce immigration and travel bans from certain predominantly Muslim countries, as well as to prohibit asylum for migrants entering the country unlawfully.

Potential Timing and Operational Challenges

If the decision is made to proceed with this executive action, it could be announced within the next two weeks. However, any significant restriction on asylum will undoubtedly encounter formidable legal and operational obstacles.

Furthermore, the proposed executive order holds potential political implications for President Biden's future endeavors, particularly with the looming 2024 election. Notably, polls have shown that a majority of Americans disapprove of his administration's handling of immigration, making it one of his least favorable policy areas.

Shift in Immigration Policy

President Biden's potential use of this authority marks a significant departure from his initial pledge to "restore" the U.S. asylum system upon assuming office in 2021. In light of surging migrant apprehensions and dissatisfaction in Democratic-led cities receiving migrants, his administration has shown a willingness to embrace certain asylum restrictions.

Political Impasse and Legal Uncertainties

The administration's attempts to broker a deal with Republican lawmakers to grant the President increased powers to suspend asylum laws were met with rejection. This resulted in a statement from the White House alleging that Republican lawmakers prioritized partisan politics over national security.

Challenges Ahead

The potential implementation of this executive action comes with its own set of challenges. While the administration has already enacted regulations presuming that migrants who enter the U.S. illegally do not qualify for asylum, the lack of resources has impeded the effective enforcement of these regulations. The immense backlog of asylum applications has also resulted in prolonged court cases for most border-crossers.

Potential Legal Battles

Should the Biden administration decide to invoke this authority, it is poised to face legal battles, as evidenced by the previous litigation surrounding the Trump administration's policies. Lee Gelernt of the American Civil Liberties Union has indicated the organization's intent to pursue legal action should a similar order be issued, highlighting the potential for protracted legal disputes.