President Joe Biden has signed an executive order that prohibits asylum claims from individuals who illegally cross the U.S.-Mexico border. The order, drawing on the president’s authority under sections 1182(f) and 1185(a) of the Immigration and Nationality Act, will take effect starting June 5.
This policy is designed to adapt based on fluctuations in illegal border crossings. It will be suspended when the average number of “encounters” is below 1,500 over a seven-day period but will be reinstated if encounters average 2,500 or more within the same timeframe. Exceptions are provided for certain vulnerable groups, including victims of severe human trafficking and unaccompanied children.
The executive order comes amid a divisive campaign season where border security remains a key issue. The decision has faced immediate backlash from several human rights organizations. The American Civil Liberties Union (ACLU) announced plans to challenge the order in court, stating that it would “severely restrict people’s legal right to seek asylum” and endanger the lives of many. Similarly, Human Rights First criticized the policy for infringing on international law obligations, including the Universal Declaration of Human Rights and the UN Refugee Convention’s principle of non-refoulement.
The executive order also highlights the ongoing political struggle over immigration policy. Biden noted that the executive actions could not replace comprehensive immigration reform, pointing to unsuccessful attempts to pass relevant legislation. In one such instance earlier this year, the Senate did not pass a border security bill after significant opposition, as reported by NY1.
For more details, read the full report on JURIST.