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Why Biden's order on the 'out of control' border may not fix Democrats' political problem

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Why Biden's order on the 'out of control' border may not fix Democrats' political problem

President Biden has been trying to frame the November election around two subjects: his legislative accomplishments and former President Trump’s fitness to serve.

But Biden’s own vulnerabilities have been getting in the way. High among them for many voters is a sense that the country is in chaos, fueled in part by images of an overwhelmed southern border that have flooded television screens and social media feeds since he took office.

“The fentanyl that is coming across the border is coming into our communities,” said Sen. Catherine Cortez Masto, a Democrat from Nevada, where Biden is down by an average of 6 percentage points to Trump, in an interview. “The human trafficking that happens at the border comes into our communities.”

That helps explain why Biden took executive action this week — severely limiting the rights of migrants to seek asylum — that surprised and angered many allies on the left and could very well be struck down in court.

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“He did what he had to do, not just because it is a huge campaign issue, but because it’s a genuine problem,” said David Axelrod, who served as a top political advisor to former President Obama. “He probably should have done it sooner.”

Biden, Axelrod, Cortez Masto and other Democrats have been laying the border problem at the feet of Republicans, who tanked a bipartisan bill earlier this year that would have given the president more money and leverage for border enforcement, because former President Trump wanted to keep the issue alive for the campaign.

But despite his role in killing the enforcement bill, Trump maintains a big lead on the question of which candidate can better handle the problem, including an ABC poll released last month that showed he leads Biden 47% to 30% on whom to trust more on fixing the border.

A campaign “is always a combination of offense and defense,” said Anna Greenberg, a Democratic pollster.

Whether it works or not, Biden is playing defense on this one.

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But there are serious policy and political questions — some of which are out of his control — that could thwart the effort’s impact.

Handing migrants back to their home countries in a speedy manner, as the Biden administration plans, works only if they are from Mexico and a handful of countries that are part of an agreement that allows Mexico to take them.

Migrants from Russia, China, Venezuela and many other countries that have come in higher numbers of late are likely to remain stuck in a clogged asylum system that could allow them to await a hearing in the United States, regardless of whether the administration attempts to limit their options, said Ariel Ruiz Soto, senior policy analyst with the Migration Policy Institute, a nonpartisan think tank.

Ruiz Soto predicts the number of border crossings will stay relatively low — as it has been in recent months — for a couple of months while smugglers and migrants figure out whether there are loopholes to exploit in the new system.

But later in the summer, a variety of factors beyond Biden’s control could emerge, including the potential reelection of Venezuelan President Nicolas Maduro in July, which could spark another wave of migrants seeking escape from that country’s security, economic and political crisis.

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Biden must also depend on continued help from Mexico under newly elected President Claudia Sheinbaum. So far this year, the country is on pace to surpass the record number of migrants it apprehended last year, he said.

One of the biggest flaws in the new policy is that it lacks money for enforcement and the heightened level of protection in the courts that a law passed by Congress would have provided. Republicans, despite their own culpability in tanking congressional efforts, immediately labeled Biden’s bill “a scam.”

“If you want the border secured and you want this group to do it, you’re going to die waiting,” Sen. Lindsey Graham, a South Carolina Republican who supported the bipartisan package, told reporters this week.

Many of Biden’s critics predicted the action will be held up in court while arguing that the administration would be happy with a delay.

“The most immediate thing he was trying to do was come up for a talking point for the debate with Trump later this month,” said Mark Krikorian, executive director of the Center for Immigration Studies, a think tank that supports tighter controls on immigration. “He needs to at least pretend to be doing something.”

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Not all Democrats are convinced there is much to be gained for Biden either.

Polls tend to show the issue ranks highly among Americans’ concerns; immigration consistently ranks third after the economy and government/leadership issues in monthly polls conducted by Gallup.

But polls that break the issue down by party often show most of the concern is on the Republican side. “I don’t necessarily think that there are a whole lot of persuadable voters who think this is the most important issue,” said Greenberg, who also conducts focus groups.

But many elected Democrats in battleground states and districts were among the quickest to support Biden’s new policy, suggesting they at least see a need for some protection against Republican attacks.

Voters are seeing a “process that looks like it’s out of control for immigration and they want a secure process,” Greenberg said.

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And that includes Latino voters, who want both security and fairness in the system, said Cortez Masto, who is of Mexican heritage. “And I’ve talked to them and you can do both” if Congress acts, she added.

Polls show Biden losing support among Latinos compared with previous Democrats, including Obama, who won more than 70% of the Latino vote in his 2012 reelection. But Fernand Amando, who led Obama’s polling efforts with Latinos in both of his elections, said it usually ranks fifth or sixth in importance, depending on the poll.

“Immigration is not the animating issue for Hispanic voters, who by definition are not directly impacted by immigration policy given that they are citizens,” he said. “That doesn’t mean it’s not an important issue, but it’s not the be-all, end-all issue that’s been ascribed to them.”

Latino activist groups and some leading politicians are nonetheless furious and have warned Democrats that they could suffer from a further lack of enthusiasm at the ballot box. The California Latino Legislative Caucus urged Biden to reverse the order.

“We cannot afford to return to Trump-era immigration policies that threaten the lives of refugees or delegitimize migrants for the sake of political expediency,” Assemblymember Sabrina Cervantes, a Riverside Democrat who chairs the group, said in a statement.

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U.S. Sen. Alex Padilla (D-Calif.), who has emerged as Biden’s biggest immigration critic on the left, said the president still has time to fulfill campaign promises to fix the system in a more holistic way that would provide legal protections for more essential workers and farmers who were praised during the pandemic but are now threatened with deportation by Biden.

In the meantime, he wants the party to go back to playing offense.

“You want to see chaos and disorder?” he said in an interview. “If Trump were to get reelected … family separations and mass deportations. That would create chaos and disorder in communities across the country and to our economy.”

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House Republicans push Johnson to go to war with Senate over SAVE Act

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House Republicans push Johnson to go to war with Senate over SAVE Act

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Several House Republicans are pushing Speaker Mike Johnson, R-La., to go to war with the Senate GOP over an election security bill that has little chance of passing the upper chamber under current circumstances.

House GOP leaders convened a lawmaker-only call on Sunday in the wake of a massive military operation against Iran launched by the U.S. and Israel.

After leaders briefed House Republicans on how the chamber would respond to the ongoing conflict — including a vote on ending Democrats’ weeks-long government shutdown targeting the Department of Homeland Security (DHS) — Fox News Digital was told that several lawmakers raised concerns about the Senate not yet taking up the Safeguarding American Voter Eligiblity (SAVE America) Act. Among other provisions, the act would require voters in federal elections to produce valid ID and proof of citizenship.

Rep. Derrick Van Orden, R-Wis., was among those pushing the House to reject any bills from the Senate until the measure was taken up, telling Johnson according to multiple sources on the call, “If we don’t get this done, or at least show that we’ve got some backbone, we’re done. The midterms are over.”

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Speaker of the House Mike Johnson, R-La., pauses for questions from reporters as he arrives for an early closed-door Republican Conference meeting at the Capitol in Washington, Tuesday, Feb. 3, 2026. (J. Scott Applewhite/AP Photo)

At least three other House Republicans shared similar concerns. Sources on the call said Rep. Brandon Gill, R-Texas, argued that GOP voters were “not enthused” heading into November and that “the single biggest thing” to turn that around would be forcing the Senate to pass the SAVE America Act.

The SAVE America Act passed the House last month with support from all Republicans and just one Democrat, Rep. Henry Cuellar, D-Texas.

JEFFRIES ACCUSES REPUBLICANS OF ‘VOTER SUPPRESSION’ OVER BILL REQUIRING VOTER ID, PROOF OF CITIZENSHIP

Republicans have pointed out on multiple occasions that voter ID measures have bipartisan support across multiple public polls and surveys. But Democrats have dismissed the legislation as an attempt at voter suppression ahead of the 2026 midterms.

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 Senate Majority Leader John Thune speaks at a press conference with other members of Senate Republican leadership following a policy luncheon in Washington, D.C. on Oct. 28, 2025. (Nathan Posner/Anadolu via Getty Images)

The legislation would require 60 votes in the Senate to break filibuster, which it’s likely not to get given Democrats’ near-uniform opposition. But House Republicans have pressured Senate Majority Leader John Thune to use a mechanism known as a standing filibuster to circumvent that — which Thune has signaled opposition to, given the vast amount of time it would take up in the Senate and potential unintended consequences in the amendment process.

It also comes as Congress grapples with the fallout from the strikes on Iran and the need to ensure safety for the U.S. domestically and for service members abroad, both of which will require close coordination between the two chambers.

Johnson told Republicans several times on the Sunday call that he was privately pressuring Thune on the bill but was wary of creating a public rift with his fellow GOP leader, sources said.

HARDLINE CONSERVATIVES DOUBLE DOWN TO SAVE THE SAVE ACT

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“If we’re going to go to war against our own party in the Senate, there may be implications to that,” Johnson said at one point, according to people on the call. “So we want to be thoughtful and careful.”

Sen. Mike Lee, R-Utah, talks with a guest during a “Only Citizens Vote Bus Tour” rally in Upper Senate Park to urge Congress to pass the Safeguard American Voter Eligibility (SAVE) Act on Wednesday, Sept. 10, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

At another point in the call, sources said Rep. Andrew Clyde, R-Ga., suggested pairing a coming vote on DHS funding with the SAVE America Act in order to force the Senate to take it up.

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But both Johnson and House Homeland Security Committee Chairman Andrew Garbarino, R-N.Y., were hesitant about such a move given the enhanced threat environment in the wake of the U.S. operation in Iran.

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Both spoke out in favor of the SAVE America Act, people told Fox News Digital, but warned the current situation merited leaving the DHS funding bill on its own in a bid to end the partial shutdown, so the department could fully function as a national security shield.

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Sen Lee dares Democrats to revive talking filibuster over SAVE Act, slamming criticism as ‘paranoid fantasy'
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Trump justifies Iran attack as Congress and others raise objections

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Trump justifies Iran attack as Congress and others raise objections

According to President Trump, the United States attacked Iran because the Islamic Republic posed “imminent threats” to the U.S. and its allies, including through its use of terrorist proxies and continued pursuit of nuclear weapons.

“Its menacing activities directly endanger the United States, our troops, our bases overseas and our allies throughout the world,” he said in a recorded statement Saturday.

According to leading Democrats in Congress, Trump’s justification is questionable, especially given his claims of having “completely obliterated” Iran’s nuclear capabilities in separate U.S. bombings last June.

“Everything I have heard from the administration before and after these strikes on Iran confirms this is a war of choice with no strategic endgame,” said Rep. Jim Himes (D-Conn.), ranking Democrat on the House Intelligence Committee and part of a small group of congressional leaders — the Gang of Eight — who were briefed on the operation by Secretary of State Marco Rubio.

That divide is bound to remain an issue politically heading into this year’s midterm elections, and could be a liability for Republicans — especially considering that some in the “America First” wing of the MAGA base were raising their own objections, citing Trump’s 2024 campaign pledges to extricate the U.S. from foreign wars, not start new ones.

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The debate echoed a similar if less immediate one around President George W. Bush’s decision to go to war in Iraq following the Sept. 11, 2001, attacks, also based on claims that “weapons of mass destruction” posed an immediate threat. Those claims were later disproved by multiple findings that Iraq had no such arsenal, fueling recriminations from both political parties for years.

The latest divide also intensified unease over Congress ceding its wartime powers to the White House, which for years has assumed sweeping authority to attack foreign adversaries without direct congressional input in the name of addressing terrorism or preventing immediate harm to the nation or its troops.

Even prior to the weekend bombings, Democrats including Sen. Adam Schiff of California were pushing Congress to pass a resolution barring the Trump administration from attacking Iran without explicit congressional authorization.

“President Trump must come to Congress before using military force unless absolutely necessary to defend the United States from an imminent attack,” Sen. Tim Kaine (D-Va.), a member of the armed services and foreign relations committees, said in a statement Thursday.

In justifying the daylight strikes that killed Supreme Leader Ayatollah Ali Khamenei just two days later, Trump accused the Iranian government of having “waged an unending campaign of bloodshed and mass murder” for nearly half a century — including through attacks on U.S. military assets and commercial shipping vessels abroad — and of having “armed, trained and funded terrorist militias” in multiple countries, including Hezbollah and Hamas.

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Trump said that after the U.S. bombed Iran last summer, it had warned Tehran “never to resume” its pursuit of nuclear weapons. “Instead, they attempted to rebuild their nuclear program and to continue developing long-range missiles that can now threaten our very good friends and allies in Europe, our troops stationed overseas, and could soon reach the American homeland,” he said.

Other Republican leaders largely backed the president.

“The United States did not start this conflict, but we will finish it. If you kill or threaten Americans anywhere in the world — as Iran has — then we will hunt you down, and we will kill you,” said Defense Secretary Pete Hegseth.

“Every president has talked about the threat posed by the Iranian regime. President Trump is the one with the courage to take bold, decisive action,” said Atty. Gen. Pam Bondi.

While Iran’s coordination with and sponsorship of groups such as Hezbollah and Hamas are well known, Trump’s claims about Tehran’s ongoing development of nuclear weapons systems are less established — and the administration has provided little evidence to back them up.

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Democrats seized on that lack of fresh intelligence in their responses to the attacks, contrasting Trump’s latest statements about imminent threats with his assertion after last year’s bombings that the U.S. had all but eliminated Iran’s nuclear aspirations.

“Let’s be clear: The Iranian regime is horrible. But I have seen no imminent threat to the United States that would justify putting American troops in harm’s way,” said Sen. Mark Warner (D-Va.), vice chairman of the Senate Intelligence Committee and a member of the Gang of Eight. “What is the motivation here? Is it Iran’s nuclear program? Their missiles? Regime change?”

Senate Minority Leader Chuck Schumer (D-N.Y.) said in a statement that the Trump administration “has not provided Congress and the American people with critical details about the scope and immediacy of the threat,” and must do so.

House Minority Leader Hakeem Jeffries (D-N.Y.) said the Trump administration needs congressional authority to wage such attacks barring “exigent circumstances,” and didn’t have it.

“The Trump administration must explain itself to the American people and Congress immediately, provide an ironclad justification for this act of war, clearly define the national security objective and articulate a plan to avoid another costly, prolonged military quagmire in the Middle East,” he said.

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After the U.S. military announced Sunday that three U.S. service personnel were killed and five others seriously wounded in the attacks, the demands for a clearer justification and new constraints on Trump only increased.

Rep. Ro Khanna (D-Fremont) said Sunday he is optimistic that Democrats will be unified in trying to pass the war powers resolution, and also that some Republicans will join them, given that the strikes have been unpopular among a portion of the MAGA base.

Rep. Thomas Massie (R-Ky.), who partnered with Khanna to force the release of the Jeffrey Epstein files, has said he will work with him again to push a congressional vote on war with Iran, which he said was “not ‘America First.’”

Benjamin Radd, a political scientist and senior fellow at the UCLA Burkle Center for International Relations, said that whether or not Iran represented an “imminent” threat to the U.S. depends not just on its nuclear capabilities, but on its broader desire and ability to inflict pain on the U.S. and its allies — as was made clear to both the U.S. and Israel after the Hamas attacks on Israel on Oct. 7, 2023, which Iran praised.

“If you are Israel or the United States, that’s imminent,” he said.

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What happens next, Radd said, will largely depend on whether remaining Iranian leaders stick to Khamenei’s hard-line policies, or decide to negotiate anew with the U.S. He expects they might do the latter, because “it’s a fundamentalist regime, it’s not a suicidal regime,” and it’s now clear that the U.S. and Israel have the capabilities to take out Iranian leaders, Iran has little ability to defend itself, and China and Russia are not rushing to its aid.

How the strikes are viewed moving forward may also depend on what those leaders decide to do next, said Kevan Harris, an associate professor of sociology who teaches courses on Iran and Middle East politics at the UCLA International Institute.

If the conflict remains relatively contained, it could become a political win for Trump, with questions about the justification falling away. But if it spirals out of control, such questions are likely to only grow, as occurred in Iraq when things started to deteriorate there, he said.

Israel and the U.S. are betting that the conflict will remain manageable, which could turn out to be true, Harris said, but “the problem with war is you never really know what might happen.”

On Sunday, Iran launched retaliatory attacks on Israel and the wider Gulf region. Trump said the campaign against Iran continued “unabated,” though he may be willing to negotiate with the nation’s new leaders. It was unclear when Congress might take up the war powers measure.

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Video: Trump’s War of Choice With Iran

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Video: Trump’s War of Choice With Iran

new video loaded: Trump’s War of Choice With Iran

Our national security correspondent David E. Sanger examines the war of choice that President Trump has initiated with Iran.

By David E. Sanger, Gilad Thaler, Thomas Vollkommer and Laura Salaberry

March 1, 2026

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