Developments
Several media outlets reported that the Biden administration is considering an executive order to adopt asylum restrictions at the border. Some of those restrictions may resemble measures agreed by Senate negotiators in a deal that fell to Republican opposition earlier this month.
Actions could include expelling asylum seekers when migrant encounters reach a certain daily threshold, or increasing standards of credible fear that asylum seekers would have to meet when subjected to initial screening interviews.
However, existing law does not allow expulsions of asylum seekers for reasons of volume, and Mexico’s reception of expelled people is not guaranteed. Meanwhile, the administration’s May 2023 asylum “transit ban” rule has already raised the credible fear standard for most asylum seekers apprehended between ports of entry.
The measures could invoke Section 212(f) of the Immigration and Nationality Act, which empowers the President to refuse entry to broad classes of migrants. Courts have ruled, however, that this statute does not allow blocking asylum to people already on U.S. soil and requesting it.
In their opposition to the Senate “border deal,” some congressional Republicans had argued that the changes were unnecessary because President Biden already has the authority to “shut the border.” While President Biden would appear to be upholding the Republicans’ argument if he used executive authority, a very likely outcome is that courts would again strike down any blanket refusal of asylum.
- Charlie Savage, Hamed Aleaziz, Maggie Haberman, Zolan Kanno-Youngs, “Biden Mulling Plan That Could Restrict Asylum Claims at the Border” (The New York Times, February 21, 2024).
- Julia Ainsley, Julie Tsirkin, “Biden Administration Weighs Action to Make It Harder for Migrants to Get Asylum and Easier to Deport Them Faster” (NBC News, February 21, 2024).
- Mj Lee, Priscilla Alvarez, “Biden Considering New Executive Action to Restrict Asylum at the Border, Sources Say” (CNN, February 21, 2024).
- Ellen M. Gilmer, Justin Sink, “Biden Is Weighing Unilateral Attempt to Tighten Migrant Rules” (Bloomberg Law, February 21, 2024).
- Camilo Montoya-Galvez, “Biden Weighs Invoking Executive Authority to Stage Border Crackdown Ahead of 2024 Election” (CBS News, February 21, 2024).
- Colleen Long, Seung Min Kim, “The White House Is Weighing Executive Actions on the Border — With Immigration Powers Used by Trump” (Associated Press, Associated Press, February 21, 2024).
- Myah Ward, “Biden Considering Major New Executive Actions for Migrant Crisis” (Politico, February 21, 2024).
- “Aaron Reichlin-Melnick @Reichlinmelnick on Twitter” (Twitter, February 21, 2024).
- “David J. Bier @david*j*bier on Twitter” (Twitter, February 21, 2024).
- “Nicolette Glazer @Nicoletteglazer on Twitter” (Twitter, February 21, 2024).
The State Department broadened a policy of canceling or refusing U.S. visas to owners and senior managers of companies “providing transportation services designed for use primarily by persons intending to migrate irregularly to the United States.” State first announced this policy in November for charter flight operators taking migrants to Nicaragua, which does not require visas of most nationalities and has become an important route for U.S.-bound migrants. Officials are considering extending the visa ban to social media influencers who encourage migrants to pursue irregular travel.
- Matthew Miller, “New Visa Restriction Policy for Transportation Operators Facilitating Irregular Migration to the United States” (U.S. Department of State, February 21, 2024).
- “Estados Unidos Ataca el Negocio Con Migrantes” (Expediente Publico (Honduras), February 21, 2024).
- “Estados Unidos Podria Sancionar a «Influencers» Que Promocionen Migracion Irregular” (Nicaragua Investiga, February 21, 2024).
The Mexican magazine Proceso revealed that the country’s migration authority, the National Migration Institute (INM), awarded irregular contracts to private detention center operators with few employees and little track record.
- Mathieu Tourliere, “El Inm de Garduno Convirtio los Centros Migratorios en Negocio Millonario para Empresas Extranas” (Proceso (Mexico), February 21, 2024).
A 24-year-old man from Jamaica died of hypothermia just south of the border in Tecate, Baja California. “He died within an eighth of a mile of jackets and blankets and mittens and water left out by Border Kindness as part of their humanitarian aid mission,” tweeted journalist Wendy Fry.
- “Wendyfry @wendyfry_ on Twitter” (Twitter, February 21, 2024).
CBP reported that a tractor-trailer driver detained at a Laredo, Texas checkpoint died in his holding cell on February 17. While the agency’s account points to a possible suicide, “the video recording system at the Border Patrol checkpoint was not fully functioning at the time of the incident”—a chronic problem noted in CBP’s Office of Professional Responsibility reports.
- “Apprehended Man Dies After He Is Found Unresponsive in Laredo, Texas I-35 Checkpoint Detention Cell” (U.S. Customs and Border Protection, February 21, 2024).
Texas nonprofits and political leaders are rallying around Annunciation House, a longtime Catholic migrant shelter network in El Paso that Texas’s state government is accusing of “alien harboring, human smuggling and operating a stash house.” For many years Annunciation House has received busloads of released asylum seekers from CBP and Border Patrol, cooperating closely with the agencies.
- Sandra Sanchez, “Nonprofits Vow to ‘Intensify’ Work With Migrants in Response to Texas Lawsuit” (Border Report, February 21, 2024).
- “Rep. Veronica Escobar @RepEscobar on Twitter“ (Twitter, February 21, 2024).
- “Beto O’Rourke @BetoORourke on Twitter“ (Twitter, February 21, 2024).
- “The Hope Border Institute @HopeBorder on Twitter“ (Twitter, February 21, 2024).
Guatemala’s congress may increase the budget and activities of its national commission for migrants (Conamigua), which assists Guatemalan migrants abroad and deportees. The agency does not have history of spending out even its small annual budgets.
- Jose Manuel Patzan, “Congreso Busca Ampliar Presupuesto y Funciones a Conamigua” (Prensa Libre (Guatemala), February 22, 2024).
Analyses and Feature Stories
The National Immigrant Justice Center published a list of 10 actions that the Biden administration could take now, through executive action, to “reclaim the narrative” on immigration. They include a White House role in coordinating processing, adjudication, and work authorizations; a steep reduction in migrant detention; and dismantling Texas’s “Operation Lone Star.”
- Heidi Altman, “Humane Solutions That Work: 10 Ways the Biden Administration Should Reshape Immigration Policy” (National Immigrant Justice Center, February 21, 2024).
- Rafael Bernal, “Legal Advocacy Group Proposes 10 Executive Actions for Biden to ‘Reclaim the Narrative’ on Immigration” (The Hill, February 21, 2024).
On the Right
- Ariel Zilber, “Dr. Phil Tells Joe Rogan About ‘Out of Control’ Southern Border: ‘We’re Paying to Sell Children Into Sex Slavery’” (The New York Post, February 21, 2024).
- Nick Mordowanec, “Texas Celebrates Taking Island Back From Cartel After Military Operation” (Newsweek, February 21, 2024).