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President Biden is considering an executive order that would restrict immigrants’ ability to apply for asylum if they cross the border illegally. CNN reports that the administration is considering using section 212(f) of the Immigration and Nationality Act which was previously used under former President Donald Trump. 

According to the State Department, “INA 212(f) provides that whenever the President finds that the entry of any applicants or of any class of applicants into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he deems necessary, suspend the entry..or impose on the entry of applicants any restrictions he may deem to be appropriate.”

CNN also said the Justice Department’s Office of Legal Counsel is reviewing the proposal to determine whether it would withstand a legal challenge. A federal appeals court eventually blocked the move during the Trump administration, saying it conflicts with asylum law. 

A White House spokesperson would not comment on anything under consideration but emphasized that Congressional action is the best route forward. 

Just the possibility of an executive order prompted the Congressional Hispanic Caucus to speak out and say they oppose unilateral action from the president. Chair Nanette Barragan, D-Calif., said lawmakers have not been briefed or consulted. 

“We understand how frustrating it is that Republicans in Congress continue to block any funding requested by President Biden to address the Southern Border,” Barragan stated.  But it is unbelievable to hear that the White House would consider Executive Actions to prevent or restrict migrants from seeking asylum at our Southern Border and possibly use some of the same methods as former President Trump.” 

But Rep. Henry Cuellar, R-Texas, whose border district includes Laredo, said he supports the President taking action. 

Rep. Henry Cuellar

“I am encouraged by reporting that President Biden is considering strong executive actions to combat the irregular flow of migration at our Southern Border,” Cuellar said in a statement.  

“However, truly securing our border will require action from Congress,” Cuellar added. “Unfortunately, a bipartisan compromise that would have helped secure the border while providing more resources to Border Patrol fell victim to partisan politics.” 

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The president is considering this after a border and foreign aid package failed to pass Congress due to Republican opposition. The issue has become a political liability for him. A new Gallup poll found that just 28% of Americans approve of the way he is handling immigration while his overall approval rating is 38%.