President Biden Signs Proclamation Temporarily Suspending Entry at Southern Border

President Biden has taken a decisive step to address the escalating situation at the U.S. southern border by signing a Presidential Proclamation on June 4, 2024. This move temporarily suspends the entry of certain noncitizens, a measure prompted by high numbers of encounters at the border. The suspension is part of a broader strategy to manage and control the influx of migrants in a more orderly manner.

The proclamation reveals that if the 7-day average of encounters exceeds 2,500, the suspension will persist. Conversely, the suspension is slated for withdrawal if the average falls below 1,500 encounters over the same period. During this critical period, the U.S. is keeping a close eye on the numbers to ensure they meet these thresholds.

Interim Final Rule and Asylum Policy Enhancement

The Departments of Homeland Security and Justice have concurrently issued an interim final rule aimed at restricting asylum eligibility and enhancing border enforcement measures. According to the new rule, noncitizens who cross the southern border unlawfully will generally be ineligible for asylum except under exceptionally compelling circumstances. This policy shift fundamentally alters the criteria under which asylum can be sought.

Foreseeing potential legal and humanitarian issues, the new rule stipulates a higher standard for credible fear screening. Noncitizens processed for expedited removal will only be referred for a credible fear screening if they explicitly express a fear of return to their country or state an intention to apply for asylum. This ensures that the U.S. continues to uphold its international obligations to protect individuals from persecution or torture.

Impact on Migrants and Legal Landscape

In the wake of these measures, President Biden’s administration has observed a significant reduction in encounters at the Southwest Border. Within just six weeks, encounters decreased by over 50%, bringing the 7-day average below 1,900 encounters per day. This highlights the immediate effectiveness of the border control measures.

However, the policy has also sparked substantial controversy. The American Immigration Lawyers Association (AILA) has strongly opposed the new rules, asserting that they erode due process and violate asylum protections enshrined in U.S. law. In response, several legal challenges are already unfolding, setting the stage for possible court battles ahead.

Despite these executive actions, President Biden has stressed the necessity for Congress to act. He emphasizes that legislative action is crucial to secure the Southern border fully, including providing the essential personnel and funding. As the situation evolves, there remains a pressing need for a collaborative approach between the executive and legislative branches.