The conflict between federal and state authorities in Texas has intensified, centering on the deployment of razor wire along a 29-mile stretch of the Eagle Pass riverbank. Despite federal opposition and a Supreme Court ruling permitting the removal of the wire, Texas persists in its installation, claiming it as a deterrent against illegal crossings.
Governor Greg Abbott of Texas remains steadfast in his approach, bolstered by support from Republican governors, including Florida’s Ron DeSantis, who has pledged National Guard assistance.This collective state effort aims to fortify the border against what they perceive as an invasion, challenging federal directives and asserting a state’s right to manage its border security.
The discord between Texas and the US Border Patrol underscores a broader clash over immigration enforcement and state versus federal jurisdiction. The closure of Shelby Park to the public and federal agents, ordered by Abbott, exemplifies this tension, disrupting longstanding cooperative efforts between state law enforcement and Border Patrol.
Meanwhile US President Joe Biden, whose stance now mirrors that of ex-President Donald Trump, is urging Congress to implement asylum constraints previously considered inconceivable at the start of his tenure. This shift is driven not only by GOP pressure but also by the concerns of Democratic leaders in distant cities, who are grappling with the influx of asylum seekers reaching unprecedented numbers in the US.
As the 2024 presidential race looms, potentially pitting Biden against Trump once more, immigration has surged as a critical issue, posing a significant challenge for the current president. In an effort to mitigate this vulnerability, Biden has endorsed a comprehensive bipartisan proposal under Senate discussion, aimed at significantly tightening border controls.
Biden expressed his resolve last weekend, saying, “If that bill were the law today, I’d shut down the border right now and fix it quickly.”
Could Biden ‘shut down’ the border?
In Washington, a fervent debate is unfolding over the extent of President Biden’s legal powers to address the escalating humanitarian crisis at the US southern border.
The discourse intensified after President Biden vowed to “shut down” the US-Mexico border if Congress ratifies an immigration accord currently being hashed out with a select bipartisan group of senators. Although the specifics of the agreement remain under wraps, insiders privy to the negotiations told CBS News that it would empower the executive branch to curtail asylum processing to a certain extent when illegal border crossings exceed predefined thresholds.
The phrase “shut down the border” used by Biden likely refers to a stringent crackdown on illegal crossings and asylum requests. A total closure of the international boundary, which would disrupt legal travel and trade, is an extreme measure that would have significant economic repercussions for both the US and Mexico.
Here’s a breakdown of President Biden’s current legal capabilities at the border and the limitations he faces without intervention from Congress:
Legal authority of President Biden
As per a CBS report, President Biden is legally entitled to reinstate border policies from the Trump era that he previously terminated. These policies, grounded in proclamations, regulations, and international treaties, include agreements permitting the US to redirect asylum-seekers to third countries and the “Remain in Mexico” initiative, which mandated that migrants wait outside the US for their asylum proceedings. Although US law permits officials to return asylum-seekers to Mexico, the Supreme Court clarified in 2022 that it’s not a mandatory practice.
Furthermore, US law authorizes the president, through the attorney general and the secretary of homeland security, to impose restrictions on asylum. The Biden administration has already exercised this power. Following the termination of the Title 42 pandemic-related border measures, the administration introduced a rule presuming migrants ineligible for asylum if they bypass legal immigration channels established by the US or fail to seek asylum while traversing a third country. However, the administration has struggled to implement these asylum constraints broadly due to a lack of necessary resources, including asylum officers, detention facilities, and funding.
Nonetheless, the president lacks the unilateral authority to suspend US asylum law, which guarantees the right of migrants on American soil to seek humanitarian refuge, even if they enter the country unlawfully. Only Congress has the power to amend US asylum law.
(With inputs from agencies)
Governor Greg Abbott of Texas remains steadfast in his approach, bolstered by support from Republican governors, including Florida’s Ron DeSantis, who has pledged National Guard assistance.This collective state effort aims to fortify the border against what they perceive as an invasion, challenging federal directives and asserting a state’s right to manage its border security.
The discord between Texas and the US Border Patrol underscores a broader clash over immigration enforcement and state versus federal jurisdiction. The closure of Shelby Park to the public and federal agents, ordered by Abbott, exemplifies this tension, disrupting longstanding cooperative efforts between state law enforcement and Border Patrol.
Meanwhile US President Joe Biden, whose stance now mirrors that of ex-President Donald Trump, is urging Congress to implement asylum constraints previously considered inconceivable at the start of his tenure. This shift is driven not only by GOP pressure but also by the concerns of Democratic leaders in distant cities, who are grappling with the influx of asylum seekers reaching unprecedented numbers in the US.
As the 2024 presidential race looms, potentially pitting Biden against Trump once more, immigration has surged as a critical issue, posing a significant challenge for the current president. In an effort to mitigate this vulnerability, Biden has endorsed a comprehensive bipartisan proposal under Senate discussion, aimed at significantly tightening border controls.
Biden expressed his resolve last weekend, saying, “If that bill were the law today, I’d shut down the border right now and fix it quickly.”
Could Biden ‘shut down’ the border?
In Washington, a fervent debate is unfolding over the extent of President Biden’s legal powers to address the escalating humanitarian crisis at the US southern border.
The discourse intensified after President Biden vowed to “shut down” the US-Mexico border if Congress ratifies an immigration accord currently being hashed out with a select bipartisan group of senators. Although the specifics of the agreement remain under wraps, insiders privy to the negotiations told CBS News that it would empower the executive branch to curtail asylum processing to a certain extent when illegal border crossings exceed predefined thresholds.
The phrase “shut down the border” used by Biden likely refers to a stringent crackdown on illegal crossings and asylum requests. A total closure of the international boundary, which would disrupt legal travel and trade, is an extreme measure that would have significant economic repercussions for both the US and Mexico.
Here’s a breakdown of President Biden’s current legal capabilities at the border and the limitations he faces without intervention from Congress:
Legal authority of President Biden
As per a CBS report, President Biden is legally entitled to reinstate border policies from the Trump era that he previously terminated. These policies, grounded in proclamations, regulations, and international treaties, include agreements permitting the US to redirect asylum-seekers to third countries and the “Remain in Mexico” initiative, which mandated that migrants wait outside the US for their asylum proceedings. Although US law permits officials to return asylum-seekers to Mexico, the Supreme Court clarified in 2022 that it’s not a mandatory practice.
Furthermore, US law authorizes the president, through the attorney general and the secretary of homeland security, to impose restrictions on asylum. The Biden administration has already exercised this power. Following the termination of the Title 42 pandemic-related border measures, the administration introduced a rule presuming migrants ineligible for asylum if they bypass legal immigration channels established by the US or fail to seek asylum while traversing a third country. However, the administration has struggled to implement these asylum constraints broadly due to a lack of necessary resources, including asylum officers, detention facilities, and funding.
Nonetheless, the president lacks the unilateral authority to suspend US asylum law, which guarantees the right of migrants on American soil to seek humanitarian refuge, even if they enter the country unlawfully. Only Congress has the power to amend US asylum law.
(With inputs from agencies)
