Biden Caves In To Pressure From Republicans And By Executive Action Closes The Border To Asylum Seekers

Last Tuesday President Biden, obviously with the November elections in mind, announced a new enforcement rule imposing strict limits on the arrival of asylum seekers at the southern border, as well as stricter requirements for the “credible fear” interview. The new rule implemented by the President supposedly because Congress did not want to pass a bipartisan plan is very strict. Basically it is that when the number of people crossing the border without permission reaches 2,500 per day they will close the border and the people will be turned back immediately and will not reopen until it is reduced to 1,500. 

We don't know how long it will take for the number of people to drop to 1,500 and reopen the border, it could be weeks or years, since 2022 there have been no entries less than 1,500 people per day.

President Biden blames the Republicans for using immigration policy to their advantage in the elections, but he also has to take part of the blame for allowing the Republicans to speak negatively about immigration, “invasion” of immigrants and other lies, the situation is very difficult and we do not know how it will influence the voters.

 Mexico is willing to accept returned immigrants but only from certain countries such as Venezuela and Nicaragua and we do not know what will happen with people from more distant countries such as China and India. 

There will be some exceptions to this measure such as in the case of minors traveling alone and they will also not use it to separate families traveling with children.

Another exception is for people who continue to use the CBP One program, an application through which approximately 1,250 people per day can schedule their interviews although they usually must wait several months before having an appointment and while in Mexico they continue to live in very difficult situations of violence and poverty.

This measure goes into effect immediately because the current number of people crossing is 4,000. Also the consequences for people who enter irregularly and those who do not pass the credible fear interview with an asylum officer will be stronger and they will be expelled immediately. In addition to the five-year ban on return as established by the border policy known as Title 8, which is also very strict, people who do not pass the credible fear interview or fear of persecution or torture in their country of origin can be expelled in a matter of hours or days. 

‍

LEGAL CHALLENGE

The American Civil Liberties Union of which I am a member will be filing a lawsuit in the coming days challenging these changes which violate many of the rights guaranteed in international conventions such as the United Nations Convention on Political Asylum. It is important that while steps should be taken to make entry into the U.S. more orderly, international laws should not be violated, knowing that most asylum seekers do face persecution and mistreatment in their home countries.

‍

BIDEN MISSED AN OPPORTUNITY TO TAKE EXECUTIVE ACTION ON BEHALF OF IMMIGRANTS.

Many people and pro-immigrant groups such as Senator Padilla of California and other Latino members of Congress have criticized President Biden for taking executive actions against immigrants, instead of supporting them by promoting stays and giving work permits especially to people who have been living in the country for many years, those who are married to citizens and those who do farmwork. It is important that Biden use executive actions to support immigrants, as was DACA during former President Obama's administration.

Biden cannot just ask progressives and pro-immigrants to vote for him by arguing that Trump is worse-he must do positive things! There is still time to take actions that will benefit immigrants.

Yes, he can!

‍