President Biden is planning to issue an executive order to partially shut down asylum processing at the U.S.-Mexico border, allowing immigration officials to quickly deport migrants who enter the U.S. illegally. The order would rely on presidential authority known as 212(f) and would be activated when daily migrant apprehensions surpass 2,500. Border Patrol recorded an average of 3,800 migrant apprehensions each day in May. Asylum processing at border ports of entry will continue under the order, with the Biden administration processing roughly 1,500 migrants at these official crossings each day. Unaccompanied children are expected to be exempt from the order.

Democratic lawmakers and mayors of border communities have been briefed on President Biden’s plans for the executive order. However, the move is likely to face legal challenges, as virtually all of Biden’s major immigration policies have faced lawsuits from advocates for migrants or Republican-led states. Migrant apprehensions along the southern border have reached record levels over the past three years, creating a humanitarian crisis and political challenges for the administration. Immigration has surged to become one of the top concerns among American voters, but illegal border crossings have decreased in recent months. Border Patrol recorded approximately 118,000 migrant apprehensions in May, down from 137,000 in April.

American officials credit an aggressive crackdown on U.S.-bound migrants by Mexican authorities and increased deportations by the Biden administration for the decrease in migrant arrivals. The executive order comes after the presidential election in Mexico, which could impact U.S. border policy, and before President Biden’s first debate with former President Donald Trump. Camilo Montoya-Galvez, the immigration reporter at CBS News, covers immigration policy and politics from Washington. President Biden’s planned executive action is expected to be activated immediately when migrant apprehensions surpass a certain threshold. The order would allow for the quick deportation of migrants who enter the U.S. illegally, without processing their asylum claims.

Asylum processing at border ports of entry will continue under the order, with exemptions for unaccompanied children. The move is likely to face legal challenges, as previous immigration policies under the Biden administration have faced lawsuits. Migrant apprehensions at the southern border have reached record levels over the past three years, creating a humanitarian and political crisis. Despite concerns about immigration among American voters, illegal border crossings have decreased in recent months due to increased enforcement efforts by Mexican authorities and the Biden administration. President Biden’s executive order comes amidst political changes in Mexico and before debates with former President Trump.

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