WASHINGTON — President Joe Biden will sign an executive order on Tuesday that will allow him to partly suspend asylum requests at the U.S.-Mexico border when daily unauthorized crossings reach a threshold of 2,500 migrants.
“We do expect the authority would be in effect immediately,” a senior administration official said on a Tuesday call with reporters previewing the executive order. It would not be permanent and only applies to the southern border, including the southwest land border and southern coastal borders.
The White House has been dealing with the largest number of migrant encounters at the southern border in 20 years. In addition, presumptive Republican presidential nominee Donald Trump has made it a top issue for voters. Biden’s move marks his most drastic crackdown on immigration during his administration.
The order makes three changes to asylum law under Title 8 of the Immigration and Nationality Act when that threshold of 2,500 migrants is reached, a senior administration official said. The first is that a noncitizen who crosses the border without authorization will be ineligible for asylum.
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The second is any noncitizen who crosses the border while the order is in effect and is processed for removal will only be referred to a credible fear interview with an asylum officer “if they manifest or express a fear of return to their country or country of removal, a fear of persecution or torture, or an intention to apply for asylum,” a senior administration official said.
And the third is raising the standard for credible fear interviews to a “reasonable probability of persecution or torture standard,” which is “a new, substantially higher standard than is currently being applied at the border,” a senior administration official said.
“Taken together, these measures will significantly increase the speed and the scope of consequences for those who cross unlawfully or without authorization and allow the departments to more quickly remove individuals who do not establish a legal basis to remain in the United States,” a senior administration official said.
The order, versions of which were reported ahead of the White House announcement, drew criticism from both parties.
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Republicans like U.S. House Speaker Mike Johnson of Louisiana called it a “weak executive order,” while progressive Democrats slammed it as a partial ban on asylum.
A senior administration official argued that the executive order is different from the Trump administration’s immigration policies because the order will “only apply during times of high encounters.”
Biden, who campaigned in 2020 on protecting asylum law, is relying on the same presidential authority — Section 212(f) of the Immigration Nationality Act — that the Trump administration used to justify several immigration-related restrictions, such as the travel ban from predominantly Muslim countries.
The Biden order would also allow border officials to return certain individuals who cross the border without authorization back to Mexico – nationals from Cuba, Nicaragua, Haiti and Venezuela.
There will be exemptions for lawful permanent residents, unaccompanied minors, people with an “acute medical emergency” or an extreme threat to life or safety, and for victims of human trafficking, a senior administration official said.
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A senior administration official said this temporary order would go away when there are seven consecutive days when daily encounters are less than 1,500 migrants between ports of entry. Once that is established, the order expires in 14 calendar days.
The Biden administration has considered moving forward with the executive order after an immigration deal the White House and Senate brokered earlier this year fell apart after Trump came out against it. Republicans quickly fell in line. Among other things, that deal would have given Biden the authority to shut down any asylum requests once encounters reached 5,000 people in a week or 8,500 in a day.
A senior administration official said the 2,500 threshold was chosen to be similar to the deal stuck in the Senate.
“To Joe Biden, the safety of American families should always come first,” senior deputy press secretary Andrew Bates said in a memo.
“That’s why today, the President is announcing new historic executive actions to bar migrants who cross our Southern border unlawfully from receiving asylum. Because of President Biden’s leadership, law enforcement will gain new capabilities that congressional Republicans cannot block.”
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Thune slams Biden move as political
South Dakota Republican John Thune, the second-ranking Republican in the chamber, spoke Tuesday on the Senate floor in anticipation of Biden’s action and described it as late and politically motivated.
Thune said “it’s taking the fear of losing an election to motivate the president to take action on a national security crisis that has raged for more than three years.”
“And it raises serious concerns about how long the president’s interest in border security will last. If he wins another term, will he still care about the border?” Thune said. “Or does it take an election to keep him motivated about his national security responsibilities?
South Dakota Coyotes (5-4) at Northern Colorado Bears (8-1)
Greeley, Colorado; Saturday, 8 p.m. EST
BOTTOM LINE: Northern Colorado hosts South Dakota after Quinn Denker scored 22 points in Northern Colorado’s 75-70 victory against the Omaha Mavericks.
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The Bears have gone 3-0 at home. Northern Colorado ranks seventh in the Big Sky with 8.4 offensive rebounds per game led by Brock Wisne averaging 2.6.
The Coyotes have gone 0-2 away from home. South Dakota is fifth in the Summit League giving up 79.2 points while holding opponents to 47.9% shooting.
Northern Colorado is shooting 49.5% from the field this season, 1.6 percentage points higher than the 47.9% South Dakota allows to opponents. South Dakota scores 12.6 more points per game (83.2) than Northern Colorado allows to opponents (70.6).
TOP PERFORMERS: Zack Bloch is shooting 52.5% from beyond the arc with 3.4 made 3-pointers per game for the Bears, while averaging 13.4 points and 1.7 steals. Denker is shooting 52.3% and averaging 18.7 points.
Isaac Bruns is scoring 18.3 points per game and averaging 4.6 rebounds for the Coyotes. Jordan Crawford is averaging 11.9 points.
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The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.
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VERMILLION, S.D. (AP) — Terri Miller Jr. scored 26 points and grabbed 11 rebounds as Portland State beat South Dakota 77-71 on Wednesday.
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Keyon Kensie scored 22 points and added 10 rebounds for the Vikings (5-2). Jaylin Henderson finished with 11 points.
Isaac Bruns led the Coyotes (5-4) with 28 points, nine rebounds and four steals. Cameron Fens added 15 points, six rebounds, two steals and two blocks for South Dakota. Uzziah Buntyn finished with 11 points and two steals.
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The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.