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Biden Proposes New Restrictions to the Border

  • Writer: Gabe James
    Gabe James
  • Jun 6, 2024
  • 5 min read


In a significant shift, President Joe Biden's administration is preparing to implement stricter border policies aimed at curbing the flow of migrants at the U.S.-Mexico border. This move is a surprising departure from the administration's earlier stance and seeks to address the ongoing challenges posed by illegal immigration. 


One of the key measures under consideration is the introduction of executive actions and federal regulations that would bar migrants from seeking asylum between ports of entry. This proposal aims to enforce stricter controls and ensure that asylum seekers enter through official channels. The administration is also looking to raise the credible fear standard for asylum seekers, making it more challenging for them to pass the initial screening. Fast-track deportations are also on the table for those who do not meet these elevated standards.


A primary element of these new regulations is the requirement for migrants to use the CBP One app to make appointments at official ports of entry. Under this system, individuals caught entering the country illegally, even those with asylum claims, face immediate deportation and a five-year reentry ban unless they meet specific exceptions, such as being denied asylum in another country or facing imminent threats to their safety. 


The Biden administration has also introduced a humanitarian parole program that grants up to 30,000 people a month from Cuba, Haiti, Nicaragua, and Venezuela a two-year stay in the U.S. This initiative mirrors similar programs established for Ukrainians and Afghans, reflecting an effort to provide legal and safe pathways for vulnerable populations. 


A White House official defended these measures, stating, "The Biden Administration has led the largest expansion of lawful pathways in decades," contrasting it with the Trump Administration's approach of banning individuals from Muslim-majority countries and separating families. The official emphasized that the new policies aim to balance humanitarian concerns with the need for border security. 


Yet the implementation of these policies is not without its challenges. The administration faces the dual task of enforcing these new regulations while also addressing the humanitarian needs of migrants. 

 

The introduction of stricter border policies by the Biden administration has already sparked significant political and social repercussions. Within the Democratic Party, there is growing concern that the new measures may alienate the party's progressive base. Democratic Rep. Delia Ramirez voiced her apprehensions, stating, “I want to hold out hope that the White House and the administration, while saying that they want a deal, are also pushing back on really bad policy”.


The disconnect between the administration's campaign promises and the current policy considerations is certainly creating friction among Democratic lawmakers and supporters. 

These new policies have also drawn criticism for their potential humanitarian impact. The requirement for migrants to use the CBP One app to secure appointments at ports of entry has faced technical challenges and accessibility issues, particularly for vulnerable asylum seekers who may lack the resources or knowledge to navigate the digital process. 



The swift deportation policies and the increased difficulty in passing the credible fear standard for asylum seekers have been particularly controversial. Immigrant advocacy groups argue that these measures are harsh and undermine the rights of individuals seeking protection from persecution. Nicole Elizabeth Ramos, director of the border rights project at Al Otro Lado, criticized the administration's approach, stating, “The Biden administration’s restrictions on access to asylum are no different than more sweeping rules imposed by former President Trump”. 


Several lawsuits have been filed against the administration, arguing that the new rules violate U.S. immigration law, which guarantees the right to seek asylum regardless of how individuals enter the country. A recent federal court ruling by U.S. District Judge Jon Tigar in Oakland found that the administration's rule requiring asylum seekers to use the CBP One app violates this legal principle, leading to further legal battles as the administration appeals the decision. 


In the political arena, the stricter border policies are creating a complex dynamic for the Biden administration. While some Democrats, particularly those from border states, support a tougher stance to address what they perceive as a border crisis, others fear that these measures could cost the party crucial support from progressive and humanitarian-focused voters. Democratic strategist Maria Cardona highlighted this tension, noting, “The contrast is not as clean as it could be” between the administration's rhetoric and its actions. 


The potential political fallout extends to key battleground states such as Nevada and Arizona, where the handling of immigration issues could significantly influence voter behavior in the upcoming elections. The perception of failing to manage border security effectively could prove detrimental to Biden's reelection campaign, making it a critical issue for the administration to navigate carefully. 

  

President Biden's new border policies have not only stirred controversy within his party but also ignited a significant political backlash from Republicans. The stricter measures, which include barring migrants from seeking asylum between ports of entry and raising the credible fear standard, have drawn parallels to the hardline immigration stance championed by former President Donald Trump. 

  

Republicans are leveraging these policy shifts to criticize Biden, arguing that the administration's actions are both a belated acknowledgment of the effectiveness of Trump's approach and a betrayal of Biden's earlier promises for a more humane immigration system. Several GOP leaders view Biden's policies as an endorsement of their long-standing calls for tighter border security. The shift has provided ample fodder for Trump's campaign to highlight what he deems the inadequacies and inconsistencies of Biden's immigration policies. 

  

Former President Trump, who made border security a central theme of his 2016 and 2020 campaigns, has seized upon Biden's policy adjustments to galvanize his base. Trump's messaging emphasizes that his stringent border policies were necessary to protect American sovereignty and security, and he is now framing Biden's adoption of similar measures as a reluctant concession to that reality. 

  

The Republican response has been swift and vocal. GOP leaders have been quick to condemn Biden's actions as too little, too late, arguing that the new policies are insufficient and do not go far enough to address the border crisis. They claim that the administration's handling of the situation has been reactive rather than proactive, leading to a continued influx of illegal immigration and associated challenges. 

  

While attempting to appeal to moderate and swing voters concerned about border security, Biden risks alienating his progressive base, which is critical for his reelection campaign. This delicate balancing act is further complicated by the legal challenges and humanitarian criticisms that the new policies have sparked. 

  

For Trump's campaign, Biden's stricter border policies serve as a validation of his own immigration agenda. Trump is likely to use this development to bolster his arguments for a return to his administration's approach, positioning himself as the candidate who can most effectively handle border security. The former president's campaign strategy will likely highlight the perceived failures and flip-flopping of the Biden administration, reinforcing his image as a steadfast and decisive leader on immigration issues. 


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