Daily Breeze (Torrance)

Biden mulling plan that may restrict asylum claims

- By Hamed Aleaziz, Charlie Savage, Maggie Haberman and Zolan Kanno-Youngs

President Joe Biden is considerin­g executive action that could prevent people who cross illegally into the United States from claiming asylum, several people with knowledge of the proposal said Wednesday. The move would suspend longtime guarantees that give anyone who steps onto U.S. soil the right to ask for haven.

The order would put into effect a key policy in a bipartisan bill that Republican­s thwarted earlier this month, even though it had some of the most significan­t border security restrictio­ns Congress has contemplat­ed in years.

The bill would have essentiall­y shut down the border to new entrants if more than an average of 5,000 migrants per day tried to cross unlawfully in the course of a week, or more than 8,500 tried to cross in a given day.

The action under considerat­ion by the White House would have a similar trigger for blocking asylum to new entrants, the people with knowledge of the proposal say. They spoke on the condition of anonymity.

The move, if enacted, would echo a 2018 effort by President Donald Trump to block migration, which was assailed by Democrats and blocked by federal courts.

Although such an action would undoubtedl­y face legal challenges, the fact that Biden is considerin­g it shows just how far he has shifted on immigratio­n since he came into office, promising a more humane system after the Trump years.

Biden has taken a much harder line as the number of people crossing the U.S.Mexico border has reached record levels and the chronicall­y underfunde­d and understaff­ed asylum system reaches a breaking point.

Still, even if Biden tried to take unilateral action to cut down on the number of people claiming asylum, a lack of resources would still be an enormous obstacle to any major changes at the border. U.S. officials have said that they needed a massive infusion of cash to hire Border Patrol agents and asylum officers and to expand detention facilities.

A White House official, who spoke on the condition of anonymity said no decisions had been made.

But the people with knowledge of the proposal said Biden could cite his authority to act under Section 212(f) of the 1952 Immigratio­n and Nationalit­y Act, which allows the president to suspend immigratio­n for anyone determined to be “detrimenta­l to the interests of the United States.” Trump used the same authority to impose a ban on people from several predominan­tly Muslim

countries.

Lee Gelernt, a lawyer with the American Civil Liberties Union who helped argue against the Trump effort, said his group would challenge such a policy.

“The courts were emphatic that the Trump administra­tion could not deny asylum based simply on how one entered the country,” Gelernt said. “Hopefully the Biden administra­tion is not considerin­g recycling this patently unlawful and unworkable policy.”

But a legal fight, regardless of the outcome, could allow Biden to try to neutralize one of his biggest political vulnerabil­ities — the chaos at the southern border. Republican­s have repeatedly used the border crisis to portray Biden as weak on enforcemen­t. A legal battle would allow him to spotlight Republican­s' refusal to provide him the power to crack down at the border through legislatio­n.

The Biden administra­tion has spent several years trying to curb migration, in part by limiting asylum for those who crossed through Mexico on their way to the United States.

 ?? GUILLERMO ARIAS — THE NEW YORK TIMES ?? Asylum-seekers and migrants board a Border Patrol vehicle in Boulevard earlier this month.
GUILLERMO ARIAS — THE NEW YORK TIMES Asylum-seekers and migrants board a Border Patrol vehicle in Boulevard earlier this month.

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