Amidst rising concerns over the influx of migrants at the U.S.-Mexico border, the Biden administration is reportedly contemplating unilateral actions, bypassing Congress, to tighten the initial screening process for asylum seekers and expedite the deportation of recently arrived migrants failing to meet specified criteria. This move is intended to curb the illegal migration surge, a pressing issue as the 2024 presidential election approaches.
The proposed measures, still in the deliberative stage and weeks away from finalization, aim to bolster border control and navigate the broader immigration debate. Under these potential policies, asylum officers would receive directives to enhance standards in “credible fear interviews,” the primary screening for asylum-seekers. Simultaneously, Immigration and Customs Enforcement (ICE) would be instructed to prioritize the deportation of recently arrived migrants, adopting a “last in, first out” approach.
While the Biden administration has not made a final decision, raising the bar for asylum claims and accelerating deportations are viewed as “low hanging fruit” and swiftly implementable measures, according to a congressional aide familiar with the discussions. The means of executing these policies, whether through executive order or federal regulation, remains uncertain but could determine the speed of implementation.
These ideas have been on the table previously, gaining prominence as the administration seeks alternative strategies following the rejection of border security provisions in the National Security Supplemental bill earlier this month. The absence of the bill limits the president’s unilateral actions due to funding shortages in the Department of Homeland Security (DHS), facing a budget deficit exceeding $500 million, potentially resulting in critical service cutbacks by May.
However, concerns have been raised regarding the “last in, first out” policy. Critics argue that this approach may leave millions of migrants already in the U.S., including homeless migrants, in legal limbo, as their immigration cases could be pushed to the back of the line. A DHS official expressed skepticism over the policy, emphasizing the potential negative consequences and the need for Congress to act to avoid compromising border enforcement.
A DHS spokesperson stressed the importance of congressional funding, stating, “There are real limits to what we can do given current funding because Congress has failed to pass a budget or respond to the President’s two supplemental budget requests.” The spokesperson called on Congress to provide the necessary funding and tools for frontline personnel.
