The White House is contemplating the use of provisions within federal immigration law, previously utilized by former President Donald Trump, to implement a broad crackdown at the southern border, according to sources familiar with the discussions.
Following the rejection of a negotiated border bill by Republican lawmakers earlier this month, the administration has been exploring potential actions that President Joe Biden could take unilaterally, without the need for congressional approval. However, the plans are still in the preliminary stages, and it remains uncertain how any executive actions would be crafted to withstand potential legal challenges. Sources who spoke to the Associated Press on the condition of anonymity to discuss internal White House deliberations provided insights into the ongoing talks.
The examination of such avenues by the president’s team underscores the mounting pressure on Biden regarding immigration and border issues, which have been significant political challenges since the beginning of his presidency. While the White House has criticized congressional Republicans for their refusal to address border legislation, the administration is also cognizant of the political risks posed by high levels of migration and is actively seeking ways for Biden to address the issue independently.
White House spokesperson Angelo Fernández Hernández emphasized that executive actions alone cannot achieve the comprehensive policy reforms and additional resources that Congress has the power to provide but failed to do so. He highlighted the administration’s efforts to negotiate bipartisan border security legislation, which was ultimately rejected by Republican lawmakers.
Arrests for illegal border crossings at the US-Mexico border decreased by half in January compared to record highs in December, marking the third lowest month of Biden’s presidency. However, officials remain concerned about the potential for a resurgence in border crossings, particularly as the November presidential election approaches.
The administration is exploring the use of Section 212(f) of the Immigration and Nationality Act, which grants the president broad authority to restrict the entry of certain immigrants into the US if it is deemed detrimental to the national interest. While Trump frequently relied on this authority during his presidency, including for his controversial travel ban targeting Muslim-majority nations, Biden rescinded the ban through an executive order on his first day in office.
The current discussions revolve around how Biden could utilize this authority to address immigration challenges, with potential options including activating the ban based on specified criteria such as the number of border crossings exceeding a certain threshold. House Republican Speaker Mike Johnson has also urged Biden to utilize this authority, although Biden’s comprehensive immigration overhaul proposal introduced on his first day in office seeks to limit a president’s ability to bar immigrants under this provision.
