The Biden administration is planning to use an executive action to shut off access to asylum for migrants who cross the US-Mexico border illegally. This is an attempt by President Biden to address one of his biggest political vulnerabilities. The new executive action will bar migrants who cross the border illegally from seeking asylum, once a daily threshold is met. This marks a significant departure from decades-long protocol.

Border authorities have been encountering around 3,500 migrants crossing the border unlawfully on a daily basis, which is above the threshold needed for the executive action to take effect. The number of people crossing the US southern border has been a consistent challenge for the Biden administration, with record migration across the Western Hemisphere. The measure could be lifted when the daily average of encounters falls below 1,500 in between ports of entry.

Certain exemptions will be made for unaccompanied children, victims of severe trafficking, and those facing acute medical emergencies or extreme threats to life and safety. Migrants can still request an appointment to present their asylum claim at a port of entry through the Customs and Border Protection mobile application. Critics have compared this move to actions taken under the Trump administration, but officials defend the steps as separate and note the humanitarian exceptions included in the new policy.

Senior administration officials acknowledge that federal resources are strained, but maintain that the new measure will help remove people more quickly. Those who do not claim fear may be removed within days or hours, while those who do will be screened and potentially removed if found ineligible. Homeland Security officials have been preparing for an anticipated rise in border crossings, as numbers often increase in the summer months.

The new action also relies heavily on cooperation from Mexico, which has previously agreed to accept up to 30,000 migrants per month from certain countries in an effort to reduce illegal migration in the region. However, it is unclear if any new agreement has been reached with Mexico in relation to the new executive action. Despite the administration’s efforts to address border issues through executive action, officials acknowledge that a bipartisan security agreement is still needed to secure the border effectively.

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