Biden Administration Implements Stringent Measures to Combat Southern Border Migration Surge

New Presidential Proclamation Amidst Migration Surge

On June 4, 2024, President Biden issued a critical proclamation under the Immigration and Nationality Act’s sections 212(f) and 215(a). This directive temporarily suspends the entry of certain noncitizens across the southern border, aiming to address the recent high levels of migration and to alleviate the strain on the U.S. immigration system. The proclamation’s impact quickly became evident as U.S. Border Patrol recorded a significant decline in migrant encounters just a month later.

In June 2024, migrant encounters dropped to 83,536—a 29% decrease from the previous month and the lowest monthly total since January 2021. This decline marks a critical step in the administration’s efforts to manage border security and migration effectively. By prioritizing rapid response measures, the Biden administration has set a precedent for mitigating similar challenges in the future.

Concrete Actions and Their Results

Among the various measures taken, the Department of Homeland Security (DHS) has notably increased removals and returns of noncitizens. Following the presidential proclamation and an interim final rule, over 70,000 individuals have been removed or returned to more than 170 countries. This figure represents a substantial rise in removals and returns compared to previous years, underscoring the administration’s commitment to rigorous enforcement of immigration laws.

Additionally, enhanced screening procedures have been put in place to identify and thwart threats from transnational criminal organizations. A particular focus has been on intercepting the illegal flow of fentanyl, which poses a significant public safety threat. These efforts are complemented by international cooperation to disrupt irregular migration and combat human trafficking and smuggling, highlighting the importance of a multi-faceted approach in managing migration.

Restrictions and Enforcement at the Border

Under the new proclamation and the accompanying interim final rule, asylum eligibility has been restricted for those entering irregularly across the southwest land and southern coastal borders. Exceptions are nevertheless made for humanitarian cases, such as unaccompanied children and victims of trafficking. This nuanced approach aims to maintain humanitarian principles while enforcing immigration laws strictly.

To expedite case resolutions for migrants, the Department of Justice and DHS have launched a Recent Arrivals docket. This initiative allows for quicker processing of immigration cases for individuals crossing between ports of entry, thereby streamlining the legal proceedings and decreasing the backlog of cases. This efficient handling of cases is crucial in maintaining order and integrity within the immigration system.

Statistics and Future Considerations

The June 2024 statistics illustrate the success of these measures, with a total of 88,612 irregular encounters at the southwest border, reflecting a 30% decrease from May 2024. This significant reduction includes a 14% drop in encounters of unaccompanied children, a 28% decrease for single adults, and a 36% decline in family unit encounters. These numbers signify progress in controlling the flow of irregular migration and maintaining border security.

Those found to enter irregularly without a legal basis to remain in the U.S. face severe consequences, including removal under Title 8 authorities, a minimum five-year bar on re-entry, and potential prosecution for unauthorized re-entry. These stringent measures underscore the administration’s commitment to enforcing immigration laws and deterring future irregular crossings.

Despite these executive actions, the Biden administration continues to call for comprehensive immigration reform through Congressional action. The administration argues that lasting solutions require legislative changes and sufficient funding, which are beyond the scope of executive powers. This call to action emphasizes the need for bipartisan cooperation to design and implement sustainable immigration policies that address the root causes of migration.