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By Mae Slater on
 June 5, 2024

Biden's New Order Allows Daily Cap On Migrant Encounters

President Joe Biden has introduced an executive order addressing the ongoing issue of immigration at the U.S.-Mexico border. The order permits an average of 2,500 encounters per day before the Department of Homeland Security (DHS) takes control between Ports of Entry.

Breitbart reported that the executive order, announced on Tuesday, details how the DHS will manage the flow of migrants at the southern border. Under the new rules, the DHS Secretary, Alejandro Mayorkas, must impose certain restrictions once the number of daily migrant encounters exceeds 2,500 for a consecutive seven-day period.

This directive is inspired by a failed Senate immigration proposal that aimed to manage thousands of daily migrant entries effectively.

The order equates to roughly 17,500 migrants per week or around one million per year. Notably, former DHS Secretary Jeh Johnson noted in 2019 that levels exceeding 1,000 encounters daily signify a crisis.

Trigger For Restrictions and Exemptions

If the average daily encounters surpass this threshold, the DHS will enforce measures that make certain asylum claims ineligible for migrants crossing between Ports of Entry.

Conversely, when the numbers drop below 1,500 daily over a week, the Secretary may resume processing asylum claims after a 14-day reduction period.

The order maintains several exemptions, ensuring the continuation of Biden’s parole pipeline. This initiative allows the entry and resettlement of over a million foreign nationals into the U.S. since January of 2023.

Additionally, unaccompanied children (UACs) arriving at the border will still be resettled across various American communities with adult sponsors. From Fiscal Year 2021 through 2023, more than 370,000 UACs were transferred to the Office of Refugee Resettlement for resettlement.

Even though the order aims to balance migrant entry with manageable encounters, it has faced criticism. In a statement, the National Immigration Center for Enforcement (NICE) expressed concerns about the potential increase in illegal immigration, estimating around two million illegal entries annually. They emphasized the need for stronger interior enforcement to arrest, detain, and deport illegal aliens.

This balance between processing a high volume of migrants and maintaining secure borders continues to be a contentious issue. The Biden administration's approach seeks to manage migrant encounters pragmatically while maintaining humanitarian considerations.

Biden’s strategy underscores a significant shift from past policies, reflecting a need to adapt immigration law enforcement to contemporary challenges. The introduction of this order marks an effort to establish more precise metrics and responses to shifting levels of migration on the ground.

Ongoing Debate On Border Policies

The executive order represents a broader debate on how to handle increasing numbers of migrants at the southern border. With former Secretary Jeh Johnson’s past statements highlighting crisis thresholds, the order strives to avoid overwhelming border authorities.

Mainstream and fringe opinions on immigration policy will continue to shape the public discussion and policymaking, especially with such high stakes involved in border management.

The enforcement of restrictions aligns with attempts to curb illegal crossings while permitting controlled entry into the country.

As the situation evolves, it remains to be seen how effective these changes will be in managing both the logistical challenges and the human element involved. The administration emphasizes a delicate balance between strict enforcement and humanitarian relief.

In conclusion, President Joe Biden's executive order sets an average daily migrant encounter cap at the U.S.-Mexico border while allowing the DHS Secretary discretionary control over subsequent restrictions.

This order aligns with previous Senate policy attempts, addressing significant migrant influxes while retaining specific humanitarian exemptions like Biden’s parole pipeline and UAC policies. Public opinion and enforcement body reactions to this policy will shape its implementation and effectiveness in the coming months.

Written By:
Mae Slater

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