Biden issues rule allowing him to shut down US-Mexico border as immigration emerges as top voter concern

President Joe Biden issued an order on Tuesday which intends to shut down the US-Mexico border when the number of migrants crossing hits a certain level, as immigration emerges as a top voter concern in the 2024 presidential race.

The executive order will allow the United States to close the southern border to asylum seekers, temporarily removing longtime protections. Biden had previously hinted that he would take executive actions of this nature after a bipartisan agreement to restrict immigration in exchange for aid to Ukraine and Israel failed to pass the Senate after Republicans came out against it in response to Trump’s opposition.

It will take effect if more than 2,500 migrants cross in a single day - a number which has become commonplace in recent months - meaning that the order could be instituted immediately. The order will be suspended if crossings drop below 1,500 people.

During periods of suspension, anyone who crosses into the US without authorization would not be permitted to claim asylum “absent exceptionally compelling circumstances”, according to senior administration official.

Exemptions would apply to “children, victims of a severe form of trafficking, those experiencing an acute medical emergency or an imminent and extreme threat to life and safety,” as well as “other non-citizens who have a valid visa or some other lawful permission to enter the United States,’ according to a Biden administration official.

The decision has met with backlash from progressive Democrats and immigration advocates, with some drawing similarities between Biden’s border rule and what former president Donald Trump attempted to do while in office.

California Senator Alex Padilla, a member of the Congressional Hispanic Caucus, told The Independent that Biden’s actions appeared to be “paralleling some of what the Trump administration tried to do unsuccessfully”.

Illinois Democrat Rep. Chuy Garcia, also told The Independent on Monday that he was concerned that the asylum restrictions could be “eroding one of the things that sets us apart from every other country.”

Freshman Texas Democrat Representative Greg Casar noted that an “enforcement-only approach” would not help Biden politically because it would not solve the root causes of the record migration flows.

He also warned that the president is falling into what he described as a “trap” set by Republicans, and said that the way to make the border safe and take on cartels was to create legal pathways for migration and strengthen the asylum system.

A Biden administration official, who asked for anonymity to brief reporters candidly, pushed back on the suggestion that Biden’s immigration policy is comparable to Trump’s border policies.

The Biden administration also pointed to efforts to expand lawful pathways into the US and a program where asylum seekers can use a Customs and Border Protection smartphone app to facilitate appointments at legal ports of entry.

The administration has also worked to establish processing centers abroad at which potential asylum seekers can begin the process rather than make their way to Mexico and cross illegally before presenting themselves to border agents.

The border action has been anticipated for months after Republicans voted against a bipartisan border bill earlier this year at the behest of presumptive Republican nominee Trump, who publicly said that passing the legislation would hand Democrats a win and help Biden in his re-election bid.

“The President worked with a bipartisan group of senators to reach a historic border security agreement, an agreement that would have delivered significant policy changes resources and personnel necessary to secure our border and make our country safer,” a White House official said on Tuesday.

“[R]ational Republicans had an opportunity to support the fairest and toughest set of reforms in decades and they chose to put partisan political interests ahead of fixing our immigration system and securing our borders.”

Republicans have criticized Biden’s immigration policy as too lax and said it triggered an influx of migrants at the US-Mexico border. They have frequently traveled to the US-Mexico border to criticize Biden and earlier this year, House Republicans impeached Homeland Security Secretary Alejandro Mayorkas, though the motion was tabled in the Senate.

Polling shows that most voters see immigration as a serious issue. A Gallup poll from last month showed that 27 per cent of Americans say immigration is the most important problem facing the country.