As soon as a daily threshold of crossings is exceeded, President Joe Biden is expected to announce an executive order that would effectively close the US-Mexico border to asylum-seekers entering the country illegally.
This is a broad and contentious proposal that is sure to face strong opposition from progressives and immigration advocates.
Just weeks before the first presidential debate with former President Donald Trump, the unilateral action would represent a substantial attempt by Biden to address head-on one of his biggest electoral vulnerabilities, as recounted to CNN by numerous sources briefed on the order.
Hardline immigration policies have been a major campaign platform for Trump.
The executive order makes use of a power known as “212(f)”—a regulation that was implemented during the Trump administration and that Democrats strongly opposed at the time.
The executive action, which has been in the works for months, is expected to go into effect almost immediately.
It would severely restrict migrants from obtaining asylum at the southern border of the United States if they crossed the border illegally once daily encounters between ports of entry reached 2,500.
At a port of entry, migrants might still ask for an appointment to make their asylum application.
One important aspect of the executive order that would concern immigration advocates is the exemption for unaccompanied children.
They argue that this will discourage some families from sending their children to the border alone.
The executive order would provide authorities the authority to return migrants to Mexico or their place of origin if they are in effect.
When a border limitation known as Title 42, which was put in place during the Covid-19 pandemic, also led to the return of some migrants to Mexico, the US and Mexico previously collaborated.
Before it was anticipated to be formally released this week, sources who provided CNN with an account of the order issued a warning that modifications could still be made to the text.
The move would represent a major policy change for the Biden administration, which has been trying to fend off Republican attacks during a contentious election year by taking a more muscular stance towards border security after years of dealing with crises sparked by record migration.
According to a Homeland Security official, border authorities have recently been apprehending slightly less than 4,000 migrants who are crossing the border illegally.
Additionally, the US Customs and Border Protection mobile app has approximately 1,500 appointments made each day.
One of the individuals said that under the executive order, the border would reopen if the number of daily unlawful crossings decreased.
Over the weekend, lawmakers and other stakeholders were briefed on the plans by senior White House officials, including Chief of Staff Jeff Zients.
Ramiro Garza, the mayor of Edinburg, told CNN that he received a request from the administration on Saturday to come to a White House event on Tuesday.
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John Cowen, the mayor of Brownsville, confirmed that he was invited as well and will go.
Both Laredo Mayor Dr. Victor D. Trevino and Mayor Norma Sepulveda of Harlingen have indicated that they plan to attend the ceremony.
Mayor Javier Villalobos of McAllen also confirmed that although he was invited, he would be unable to go.