The White House is considering using federal immigration law provisions, similar to those used by former President Donald Trump, to enforce border restrictions without congressional approval. The Biden administration, facing opposition from Republican lawmakers on a border bill, is exploring unilateral actions to address immigration challenges. However, the specifics of these plans are uncertain, and their legality is questionable. White House officials are discussing these options privately, acknowledging the political pressure Biden faces regarding immigration and border issues, especially in an election year.
Biden’s team recognizes the need for significant policy reforms and additional resources, which Congress could provide. Despite negotiating for months, Republicans rejected a bipartisan border security bill, opting instead for a two-week vacation. While arrests for illegal border crossings decreased in January, concerns remain about potential increases closer to the November presidential election.
The administration is examining Section 212(f) of the Immigration and Nationality Act, which allows the president to block entry of certain immigrants if it’s deemed detrimental to the national interest. Trump frequently used this authority, including the controversial Muslim-majority travel ban, which Biden rescinded upon taking office. Now, the Biden administration is considering how to utilize this power to address current immigration challenges, potentially setting thresholds for activation based on border crossing numbers.
House Speaker Mike Johnson has urged Biden to use the 212(f) authority, although Biden’s comprehensive immigration overhaul aims to limit presidential powers in this area. Despite ongoing discussions and the potential for executive action, the administration emphasizes the need for congressional cooperation to enact lasting reforms and provide necessary resources for border security and immigration system improvements.
