Today, President Joe Biden signed a proclamation titled “Securing the Border,” available here, effectively shutting down the border as of 12:01 AM on June 5, 2024, with few exceptions. This border shutdown underscores the critical need for an updated immigration system and increased resources to manage the substantial number of people displaced due to various global challenges.
Border Shutdown: Background and Context
The world is currently witnessing the highest displacement of people since World War II. Factors contributing to this surge include:
- Failing regimes and dire economic conditions
- Violence from transnational criminal organizations, particularly in Latin America
- The aftermath of the COVID-19 pandemic
- Natural disasters
These issues have led to significant migration flows towards the United States, particularly at the southwest land border. In response to these challenges, the Biden Administration has taken several measures to promote lawful immigration pathways and discourage irregular migration.
Lawful Pathways Rule
On May 11, 2023, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) issued the “Circumvention of Lawful Pathways” rule. This rule:
- Encourages migrants to use lawful, safe, and orderly processes to enter the United States
- Imposes a rebuttable presumption of asylum ineligibility on those who do not use these pathways
- Supports the swift return of those without valid protection claims
Expanded Lawful Pathways
Complementing the Lawful Pathways rule, significant steps have been taken to expand safe and orderly immigration routes:
- Establishment of Safe Mobility Offices in Colombia, Costa Rica, Ecuador, and Guatemala
- Expansion of visa programs for seasonal employment
- Introduction of the CBP One mobile application to schedule safe and orderly entry at ports of entry
- Increasing refugee admissions from the Western Hemisphere to up to 50,000 by Fiscal Year 2024
Impact of the Measures
These measures have had a notable impact. Since May 12, 2023, DHS has been processing noncitizens under Title 8 immigration authorities, leading to record levels of expedited removals and credible fear interviews. Despite these efforts, the end of 2023 saw an increase in border encounters, highlighting ongoing operational challenges and the need for further action.
Congressional Inaction
The proclamation emphasizes that the existing immigration and asylum system, constrained by outdated laws and insufficient resources, cannot meet current demands. Despite repeated requests for updated legislation and additional funding, Congress has failed to act, exacerbating the crisis. Notable requests include:
- Over $4 billion in August 2023
- $13.6 billion in October 2023
- Nearly $20 billion in early 2024, part of a bipartisan legislative proposal for asylum law reforms and increased resources
Border Shutdown 2024
Given Congress’s inaction, President Biden is exercising executive authority to suspend the entry of noncitizens across the southern border during this period of high crossings, with specific exceptions for vulnerable individuals and those presenting lawfully at ports of entry. This suspension will be in effect starting June 5, 2024, and will be monitored based on daily encounter numbers.
Conclusion
President Biden’s proclamation highlights the urgent need for systemic reform and adequate funding to address the ongoing migration crisis. While executive actions can provide temporary relief, lasting solutions require comprehensive legislative changes and increased resources to manage border security and immigration effectively. The Administration will continue to work within these constraints to address the challenges at the southern border.
In navigating the complexities of immigration law, consulting with an experienced immigration attorney, such as Emilio Jose Rodriguez, becomes paramount. An attorney’s expertise ensures that individuals facing immigration proceedings can make informed decisions and understand how presidential executive action, like the Border Shutdown action taken by the Biden Administration in 2024, can profoundly impact their cases, and ensure the best possible outcomes for their unique circumstances.
