Politics
Embattled Biden border order loaded with loopholes 'to drive a truck through': critics
President Biden on Tuesday introduced executive actions to limit asylum claims at the southern border, but emerging details of the move show that the block contains significant exceptions that critics say you can “drive a truck through.”
“Today, I’m moving past Republican obstruction and using executive authorities available to me as president to do what I can on my own to address the border,” Biden said in a speech on Tuesday afternoon.
The presidential proclamation will temporarily suspend the entry of migrants across the southern border once the number of average border encounters exceeds 2,500 a day over seven days, officials said.
‘IT IS INSULTING’: BIDEN BORDER ORDER TAKES HEAT FROM DEMOCRATS AND REPUBLICANS
Migrants at the front of the line are processed for entry by U.S. Customs and Border Protection. (Jon Michael Raasch/Fox News Digital)
That will stay in effect until 14 days after there has been a seven-day average of less than 1,500 encounters along the border. It is accompanied by an interim final rule from the departments of Homeland Security and Justice. That rule will also apply a higher standard migrants must meet for initial asylum screenings. The move brought criticism from Democrats as well as Republicans and a threat of a lawsuit from the American Civil Liberties Union (ACLU).
However, the rule comes with a series of significant exceptions. In addition to not applying to legal immigrants, it also does not apply to unaccompanied children or to those judged to be “victims of severe forms of trafficking.” It also doesn’t apply to those who schedule an appointment on the CBP One app at a port of entry, where about 1,500 enter each day. There is also an exception for those who are allowed to enter “based on the totality of the circumstances,” which includes urgent humanitarian or law enforcement considerations.
BIDEN ORDER TO BLOCK MOST ILLEGAL IMMIGRANTS WHEN CROSSINGS SURGE AS ELECTION NEARS
Finally, it allows for the entry of noncitizens “due to operational considerations that warrant permitting the noncitizen to enter.”
Those exceptions sparked additional concern from Republicans, who were already sour on the order and believed it was too little too late.
President Biden walks off after speaking about an executive order at the White House on June 4, 2024. (AP Photo/Manuel Balce Ceneta)
“The exceptions to Biden’s new EO are broad enough to drive a truck through,” Republicans on the House Homeland Security Committee said on X, formerly known as Twitter.
“So, the message to the cartels and the smugglers is you have the greenest of green lights to smuggle trafficked children into this country, into various forms of servitude, slavery, sex trafficking, labor trafficking, other forms of abuse, imprisonment and torture,” former senior Trump White House official Stephen Miller said in response to the exception for unaccompanied minors.
DHS Secretary Alejandro Mayorkas challenged that assertion on “Your World” when he was asked by Neil Cavuto if this was a green light for smugglers. He called the cartels “unscrupulous.”
“They exploit individuals of all different types of vulnerabilities. We are taking it to the cartels. We exempted unaccompanied children from this asylum bar because of the compelling humanitarian picture they present,” he said.
The Biden administration has also embraced those exceptions as a way in which the order differs from the Trump-era use of the authority used by Biden.
‘IT IS INSULTING’: BIDEN BORDER ORDER TAKES HEAT FROM DEMOCRATS AND REPUBLICANS
“The action will not ban people based on their religion. It will not separate kids from their mothers. There are also narrow humanitarian exceptions to the bar on asylum, including for those facing an acute medical emergency or an imminent extreme threat to life or safety. And the Trump administration’s actions did not include these exceptions,” a senior administration official told reporters on Tuesday.
Meanwhile, the action tightens policy for when officials seek to remove an illegal immigrant quickly under “expedited removal.” They previously asked each migrant if they feared persecution in their home country, and if they said yes, they would be given a “credible fear” screening. Now agents will no longer ask individually but will provide general notice to migrants and be on the lookout for verbal and nonverbal signs that someone may be fearful of being deported.
Behaviors officials are told to look out for include explicit statements expressing fear from migrants but can also self-harm and “non-verbal actions,” including hysteria, shaking, unusual behavior, “incoherent” speech patterns and an “unusual level of silence.” The guidance says that if an agent determines that a migrant is showing such a fear, they must first provide them with information and refer them to an asylum officer.
As a result, signs will be posted in detention centers that say: “If you are hungry or thirsty, need medical care, fear persecution or torture if removed from the United States, have been a victim of abuse, have been a victim of a sexual assault, have witnessed a crime, tell an Officer. Your claim will be heard. You may be referred to a medical professional, an asylum officer, or other law enforcement professional.”
Translations will be made available in Arabic, Bengali, French, Haitian Creole, Hindi, K’iche’/Kxlantzij, Portuguese, Punjabi, Romanian, Russian, Simplified Chinese, Turkish, and Vietnamese. The guidance also says that a video explaining the circumstances should be played every two hours on a daily basis.
Conservative critics said the guidance shows that, despite the rollout, little will change.
“The guidance basically spells out that if an illegal alien claims fear they have to be referred to the USCIS (U.S. Citizenship and Immigration Services) rubber stamp without question, which means nothing really changes, except CBP (U.S. Customs and Border Protection) and ICE doesn’t ask them out the gate if they are scared to return home,” RJ Hauman, president of the National Immigration Center for Enforcement (NICE) and a visiting fellow at the Heritage Foundation told Fox News Digital. “Traffickers and cartels are sure to quickly adapt to this political gimmick. They will immediately instruct everyone to claim fear immediately upon arrest instead of waiting to be asked.”
All 435 seats in the House of Representatives are up for election in November, but fewer than a tenth of those races are likely to be competitive. And that number has been dwindling.
One culprit? The nationwide redistricting battles, in which Republicans and Democrats across the country have resorted to creative cartography to draw as many safe seats as possible as they fight for control of Congress.
Based on 2024 presidential vote margin
Competitive districts lost with recent redistricting
Competitive districts — where a candidate leads a challenger by fewer than 10 percentage points — are increasingly rare. That is partly because many voters choose to live in communities with like-minded people, making many areas more politically homogenous and less competitive. And it is partly because parties are able to draw gerrymandered House maps, whittling down the number of swing districts even further.
“It’s a mutually reinforcing process,” said Eric Schickler, a political science professor at U.C. Berkeley.
Presidential candidates won about 28 percent of congressional districts with fewer than 10 percentage points in 2008. In 2024, that decreased to 20 percent.
Four swing districts vanished after Florida’s latest round of redistricting in April. Republicans redrew the state’s congressional maps. The new map retained only one district that would have been considered competitive in the 2024 presidential election.
Nearly 20 years ago, Florida had 14 competitive districts.
Florida
2024 presidential vote margin
2024 districts: 5 competitive
New districts: 1 competitive
+20 or more Harris
+10–20
Less than +10 Harris
Less than +10 Trump
+10–20
+20 or more Trump
Texas’ new maps shifted seats in favor of Republicans and in the process wiped out the only two districts that would have been considered competitive in 2024.
2024 presidential vote margin
+20 or more Harris
+10–20
Less than +10 Harris
Less than +10 Trump
+10–20 +20 or more Trump
Texas
2024 districts: 2 competitive
New districts: 0 competitive
Democrats have taken a similar route. Three swing districts disappeared in California when lawmakers redrew its map so Democrats could pick up seats.
2024 presidential vote margin
+20 or more Harris
+10–20
Less than +10 Harris Less than +10 Trump
+10–20
+20 or more Trump
California
2024 districts: 14 competitive
New districts: 11 competitive
Using presidential election results to analyze House races is far from a perfect forecast for the 2026 midterms. For one, voters don’t always cast ballots along party lines. And while voters overwhelmingly turned out for Republican candidates in 2024, the political environment in this year’s midterms is expected to favor Democrats.
But presidential results are a useful lens because of their high turnout and ability to offer a clearer view of partisan trends than congressional elections, which can be highly influenced by incumbency.
The lack of competition is bad for democracy, experts say. Voters have less of a reason to participate if races are not close, and they have fewer ways to force out leaders with whom they are unhappy.
“If you do away with competitive seats, you’re just going to get much less of a response when voters are dissatisfied,” Mr. Shickler said.
House members who occupy safe seats have fewer incentives to compromise or work across the aisle. Many can win by appealing to their party’s base, who are often more likely to vote in primaries.
That increases polarization and can lead to gridlock in Congress, according to experts. “We see that pretty well in our politics already,” said Asher Hildebrand, a professor of public policy at Duke University. “And we’re only going to see more of that as swing districts disappear.”
Mr. Hildebrand points to his home state of North Carolina, which went through two rounds of mid-decade redistricting within two years. Its legislature passed new maps in 2023 that left just two competitive districts. The latest map passed in October shifts one of those districts, currently represented by Don Davis, a Democrat, from one which Mr. Trump won by three percentage points in 2024 to one that he would have won by 12.
2024 presidential vote margin
+20 or more Harris
+10–20
Less than +10 Harris
Less than +10 Trump +10–20
+20 or more Trump
North Carolina
2024 districts: 2 competitive
New districts: 1 competitive
About half of voters in North Carolina voted for Kamala Harris in 2024. But only about a quarter of the state’s delegates are Democrats.
After the Supreme Court weakened the Voting Rights Act, and with encouragement from the Trump administration, Republicans in several Southern states — Louisiana, Tennessee, Alabama and South Carolina — have moved quickly to redraw maps in their favor. Democrats have threatened to do the same in blue states.
Use the dropdown below to explore how districts’ 2024 presidential election results have shifted in each state that has passed new maps.
+20 or more Harris +10–20
Less than +10 Harris
Less than +10 Trump
+10–20
+20 or more Trump
Note: A court has not yet approved Alabama’s use of a new map.
2024 districts: 1 competitive
New districts: 0 competitive
Politics
Dem who welcomed socialist mayor’s ‘change’ now sounding alarm over billionaire exodus: ‘Gravely concerned’
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A Democratic city council member who once welcomed the “change” from socialist Seattle Mayor Katie Wilson is now admitting he is “gravely concerned” about the business exodus affecting the major American city.
This comes as blue states like Washington and New York face a business exodus in favor of more market-friendly red states. Starbucks, a major player in Seattle’s business scene, recently announced a major expansion into Nashville while simultaneously cutting Seattle-based corporate jobs, a move that has intensified concerns about Seattle’s business climate and economic competitiveness.
Wilson, a self-proclaimed socialist, recently went viral for laughing off the exodus of billionaires and business leaders from her city, saying, “I think the claims that millionaires are going to leave our state are super overblown,” and adding, “the ones that leave? Like, bye.”
Now, less than five months into Wilson’s term, Seattle Democratic Councilmember Rob Saka admitted to the New York Times, “I am gravely concerned,” telling the outlet, “This is real.”
BISHOP BARRON SLAMS ‘BORDERLINE COMMUNISTS’ SANDERS, MAMDANI AHEAD OF TRUMP PRAYER EVENT: ‘ECONOMY THAT KILLS’
Seattle Mayor Katie Wilson declared last year at a barista picket line, “I am not buying Starbucks, and you should not either.’” (David Ryder/Reuters)
Saka previously welcomed Wilson after she defeated incumbent Bruce Harrell, saying in a statement, “The voters have spoken, calling for change and a renewed focus on affordability, community, and fighting back against a resurgent Trump agenda.”
He praised the “energy she brings to leadership,” and said he was “look[ing] forward to partnering with her to build a thriving, inclusive Seattle that uplifts working families, expands universal preschool for all, ends food deserts, and creates safer, more connected neighborhoods across our city.”
Starbucks recently announced it will shift 2,000 corporate jobs, primarily in IT and supply chain management, to a new regional headquarters in Nashville. Last week, KOMO News reported Starbucks laid off an additional 61 employees as part of a reorganization of its technology department at its corporate headquarters.
State leaders in Washington have also faced criticism for recently passing the “millionaires tax,” which Democratic Gov. Bob Ferguson signed on March 30. The measure has been described as the state’s first-ever income tax, backed by progressives and socialists and opposed by conservatives.
The new tax will impose a 9.9% income tax on households earning more than $1 million each year.
WHY STARBUCKS PICKED NASHVILLE OVER SEATTLE FOR EXPANSION, ACCORDING TO LOCAL BUSINESS REPORTER
Seattle Mayor Katie Wilson said the Seattle Police Department will be required to investigate, verify, and document any reports of immigration enforcement activity. (Katie Wilson for Seattle)
Starbucks is not the only business impacted by the state’s economic policies. The Columbia Tower Club, an iconic business club atop Seattle’s tallest skyscraper, closed last month after more than four decades. Long considered a hub for executives, developers and civic leaders, the club cited declining office traffic and downtown business activity tied to remote work and high vacancy rates. Critics quickly pointed to the closure as another sign of weakening business confidence in Seattle.
On Monday, the Washington State Republican Party ripped into both Wilson and the city council, posting on X, “Marxist @MayorofSeattle Katie Wilson is more concerned about toilet ribbon-cutting photo opps than massive capital flight in downtown #Seattle all the while @SeattleCouncil stands idle as a once iconic city crumbles.”
The jab refers to a recent Wilson event promoting new downtown public restrooms, which critics mocked amid concerns about Seattle’s economy and business climate.
Though Wilson’s now-infamous “like, bye” line drew laughs and applause from her audience, it immediately sparked backlash on social media from conservatives criticizing her economic policy.
“Seattle’s Socialist Mayor responds to exodus of wealth from Washington State by saying ‘BYE’… then laughing. We’re doomed,” wrote Brandi Kruse.
SOCIALIST MAYOR’S BLUNT 1-WORD MESSAGE TO FLEEING MILLIONAIRES SPARKS OUTRAGE: ‘WE’RE DOOMED’
The Space Needle stands over the Seattle skyline with Mt. Rainier visible in the background in Seattle, Wash., on March 13, 2022. The observation tower was built in 1962 for the World’s Fair and remains a popular tourist attraction despite recent challenges with homelessness and crime in the city. (John Moore/Getty Images)
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“This clip will live in infamy,” the Washington State Republican Party posted on X. “@MayorofSeattle Katie Wilson is not only unfit to be mayor, she lacks grace and gratitude. Perhaps, she’s the one who should leave #Seattle.”
Fox News Digital reached out to Saka and Wilson for additional comment.
Fox News Digital’s Rachel del Guidice, Joshua Q. Nelson and Andrew Mark Miller contributed to this report.
Politics
Trump DOJ creates $1.7-billion fund for victims of legal ‘weaponization,’ prompting outrage
WASHINGTON — Shortly after attorneys for President Trump moved Monday to dismiss his $10-billion lawsuit against the Internal Revenue Service over claims it had leaked his personal tax returns, the Justice Department announced that a settlement in the case would be used to create a $1.776-billion fund for other victims of “weaponization and lawfare.”
“The machinery of government should never be weaponized against any American, and it is this Department’s intention to make right the wrongs that were previously done while ensuring this never happens again,” Acting Atty. Gen. Todd Blanche said in a statement.
Trump has long claimed that the federal government under President Biden went after him and his political allies without justification and in violation of the law.
He has pardoned all of his supporters charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol, along with other political allies, while pressuring the Justice Department to bring cases against his political opponents.
His lawsuit against the IRS had been challenged by Democratic lawmakers, former IRS and Justice Department officials and outside progressive organizations as a blatantly unlawful move by a deeply conflicted president.
It raised questions from the federal judge overseeing it — who had demanded answers this week on whether Trump and his own government were essentially colluding to reach a mutually beneficial agreement in a case in which Trump stood on both sides.
Sen. Ron Wyden of Oregon, the top-ranking Democrat on the Senate Finance Committee, called the potential deal “a stunning act of corruption. … If he follows through, it will be the most brazen theft and abuse of taxpayer dollars by any president in American history.”
Blanche defended the settlement Monday as similar to one reached during the Obama administration to address claims that the U.S. Department of Agriculture had systematically discriminated against Native American ranchers and farmers for decades.
However, experts said the creation of a fund for Trump’s political allies, as part of a deal to settle a lawsuit he had personally brought against his own government, was completely unprecedented — and concerning.
“Essentially the president is on both sides of the ‘vs.’ [in the lawsuit], and has control over the very agency that is responsible for offering the funds, in settlement of a lawsuit that he has brought in his own personal capacity, along with members of this family,” said Bhattacharyya, legal director at the Institute for Constitutional Advocacy and Protection at Georgetown Law. “That has never, ever, ever happened before. No former president of the United States would have been so brazen.”
The lawsuit is one of numerous legal attacks by Trump and his administration against a wide range of the president’s perceived enemies, including universities, media outlets and law firms. A number of those cases were settled with promised payments to a future Trump presidential library, funds sent to the federal government, cash for workforce development programs and free legal work.
The Justice Department said the new “weaponization” fund will be paid for out of the federal Judgment Fund, which is a permanent appropriation by Congress and administered by the U.S. Treasury. It was created to ensure that settlements by and judgments against the government could be paid out without individual appropriations being made each time.
The Justice Department said the fund will cease processing claims no later than Dec. 1, 2028 — shortly before Trump is set to leave office — and that the fund will consist of five members appointed by the attorney general, with the president having removal power.
In a separate court filing Monday in the case, 93 Democrat House members also blasted the potential IRS deal.
“Should this lawsuit achieve Plaintiffs’ desired ends, it would result in the improper and unconstitutional transfer of taxpayer dollars into the pockets of the President, his family, and his allies,” the filing reads.
The initial complaint, brought by Trump, his sons Donald Trump Jr. and Eric Trump, and the Trump Organization, focused on leaks by a former IRS contractor, Charles Littlejohn, to the New York Times and ProPublica of tax information for Trump and other wealthy individuals.
Littlejohn pleaded guilty to the unauthorized disclosure of tax information and was sentenced to five years in prison in 2024.
Progressive legal organizations and former IRS and Justice Department officials have also spoken out against the president’s lawsuit and the looming settlement.
The progressive legal organization Democracy Forward had previously filed a brief in court challenging Trump’s lawsuit as raising serious legal concerns. The February brief was filed on behalf of two other groups — Common Cause and the Project on Government Oversight — as well as four former federal officials, including former IRS Commissioner John Koskinen.
The brief argued that the lawsuit was significantly flawed and barred by a statute of limitation, but also raised “serious concerns about collusive litigation tactics,” and that the court “should exercise its inherent authority to proactively manage” it.
“This case is extraordinary because the President controls both sides of the litigation, which raises the prospect of collusive litigation tactics. Collusive litigation threatens the integrity of the judicial process by risking the Court’s entanglement in an illegitimate proceeding,” the filing said.
The complaint “was filed too late, against the wrong party, and for an unsupported and excessive sum of damages,” the filing said.
Last week, Brandon DeBot, a senior attorney advisor and policy director at the Tax Law Center at New York University Law, and Dave Hubbert, a senior fellow at the center, wrote that the lawsuit was “absurd,” and that a settlement — particularly one in which the IRS would agree to drop any audits of Trump, his family and their businesses — would be “deeply concerning.”
They wrote that the Justice Department has no authority to negotiate any such terms, and that “negotiations involving the President and White House officials to end audits of the President, his family, and his businesses risk violating laws protecting against political interference in tax administration.”
They noted that Congress had “strengthened the tax code’s protections against political interference on an overwhelmingly bipartisan basis following public revelation of President Nixon’s failed attempts to use the IRS to target political enemies,” and that any moves by anyone in the White House to “directly or indirectly” request an audit of the president be suspended would violate the law.
Bhattacharyya, who previously oversaw complex settlement cases at the Justice Department, said the “mechanism” by which any such settlement could be used to facilitate payments directly to Trump’s allies would seem to “deviate” from guidelines for the disbursement of settlements to third parties not part of the initial litigation.
Bhattacharyya said such third-party disbursements were banned under Atty. Gen. Jeff Sessions during Trump’s first term, allowed under very narrow circumstances in environmental and pollution cases under Atty. Gen. Merrick Garland during the Biden administration, and then barred again by Atty. Gen. Pam Bondi in Trump’s second term, before her recent ouster.
A settlement in Trump’s IRS case being distributed to his supporters “would seem to deviate from all of those guidelines,” she said. “It would violate all of them.”
Trump’s legal maneuverings against the IRS come amid wider concerns about mismanagement at the agency and a wider battle over its providing the sensitive data of other taxpayers to Immigration and Customs Enforcement, at the Trump administration’s direction.
Trump removed IRS Commissioner Billy Long in August 2025, allowed Treasury Secretary Scott Bessent to serve as acting commissioner for a time and then created the new position of IRS “CEO,” which congressional Democrats have railed against as a “fake” position designed to avoid congressional oversight while the agency falls into “chaos.”
Congressional Democrats have also demanded answers about the release of taxpayer data to ICE, ostensibly for the purposes of deporting taxpayers who lack proper documentation to be in the country as part of Trump’s massive deportation campaign.
“The IRS now admits that this system led to exactly the kinds of grave mistakes our taxpayer privacy laws were designed to prevent,” Sen. Alex Padilla (D-Calif.) and several other senators wrote in February.
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