Biden to Issue Order Limiting Asylum Seekers at the U.S.-Mexico Border

Joe Biden signed an executive order that will temporarily close the U.S.-Mexico border to asylum seekers attempting to cross outside of legal entry points once a daily threshold of crossings has been exceeded.

On Tuesday, June 3, 2024, President Joe Biden issued an executive order that would allow him to summarily deport asylum seekers. This executive action will temporarily close the southern border when daily migrant crossings between legal ports of entry exceed 2,500, and it will reopen when the number drops below 1,500.

Currently, daily encounters at the U.S.-Mexico border average over 4,000, according to Department of Homeland Security officials, indicating that a closure could take effect immediately. Administration officials are also preparing for potential legal challenges.

How Will the Order Affect Asylum Seekers?

Under the order, asylum processing at border entry points will continue. Currently, the Biden administration is processing approximately 1,500 migrants at these official crossings each day, primarily through a smartphone app that schedules appointments for those waiting in Mexico.

The border will reopen two weeks after the average daily crossings fall below 1,500 for seven consecutive days. Individuals who schedule appointments with border officials using the Customs and Border Protection app will also be exempt, although advocates highlight that securing an appointment can take months. Unaccompanied children are also expected to be exempt from the order. The directive is not anticipated to hinder other border activities, such as trade or traffic.

Biden’s planned executive action is likely to face legal challenges. Virtually all his major immigration policies have been contested in court by immigrant advocates or Republican-led states.

Historic records for detained migrants and asylum seekers in Biden administration

Over the past three years, migrant detentions along the southern border have reached record levels during the Biden administration. However, in recent months, illegal border crossings have plummeted. In May, the Border Patrol recorded approximately 118,000 migrant detentions between ports of entry along the southern border, marking the third consecutive monthly decline, according to agency statistics obtained by CBS News. In March and April, the Border Patrol recorded 129,000 and 137,000 detentions, respectively, according to public figures.

Additionally, in 2023, 248,232 asylum applications were filed, of which 52,440 applicants were ordered to be expelled, 43,113 were granted asylum, and 149,305 were dismissed or withdrawn. So far in 2024, 175,193 asylum applications have been received, with 113,843 applications dismissed.

Immigration and border policy are central to the Republican campaign message for November 2024, with Trump criticizing Biden as “weak” and promising to initiate the largest mass deportation of undocumented immigrants in U.S. history if reelected in November. President Biden has been considering additional executive measures since the collapse of a bipartisan border bill earlier this year. The number of illegal crossings at the U.S.-Mexico border has been declining for months, partly due to intensified efforts by Mexico. Nevertheless, immigration remains a major concern heading into the U.S. presidential election in November, and Republicans are eager to pressure Biden on the issue.