Biden would make an important decision on immigration control at the end of April
Time to Read: 2 minutePresident Biden could announce a new executive order on the border at the end of April, in order to have greater control of the migratory flow, under a power of the Immigration and Nationality Law
At the end of April, President Joe Biden could unveil an immigration plan that allows him to unilaterally close the border with Mexico, in order to control the flow of immigrants.
He revealed that he was exploring that option during a interview on Univision, where journalist Enrique Hernández asked him if he would implement an “executive order” over the border.
Amid bipartisan negotiations in Congress to allocate more funds to the border, President Biden said he was willing to close the border if Congress gave him that power , but the Immigration and Nationality Act (INA) has a section that would give him such power.
“Well, I suggested that. We are examining whether or not I have that power. I would have that power under the legislation,” Biden said. “When the border has more than five or five thousand people a day trying to cross the border, because it cannot be controlled, you have to slow down.”
What Biden reveals is that his administration is evaluating how to apply Section 212 (f) of the INA.
“There is no guarantee that it has that power by myself, without legislation”, he expressed. “And some have suggested that I should go ahead and try it. And if the court blocks me, the court blocks me. But we are trying to fix it, fix it right now.
After the interview, Axios confirmed with the Biden Administration the analysis being made about applying Section 212(f), in addition to the fact that it would occur at the end of April.
“Although it is not definitive, Such an executive order is likely to be available by the end of April, Axios published. “There is an intense internal debate [in the Biden Administration] about the legality and politics of a lockdown like Trump's, but Biden, informed by polls of growing voter anger, wants to take a dramatic step.”.
Such an executive order would allow President Biden to order the Department of Homeland Security (DHS) to close the border when there is a certain flow of migrants.
That would also restrict requests for asylum, something that civil organizations have criticized.
What does Section 212(f) say?
Under Section 212(f) former President Donald Trump would have justified the application of the Title 42, with which the entry of immigrants was prevented and detained persons were expeditiously expelled.
“Whenever the President considers that the entry into the United States of any alien, or of any class of aliens, would be detrimental to the interests of the The United States may, by proclamation and for such period as it deems necessary, suspend entry to all aliens or any class of aliens, whether immigrants or nonimmigrants, or impose on the entry of aliens any restrictions it deems appropriate,” it says. the INA.
The application of Title 42 was harshly criticized by organizations that defend immigrants, it even faced a challenge in court, where the Biden Administration defended the program, even reporting that it would stop applying that policy in May 2023.