President Joe Biden’s claim that congressional inaction required him to issue an executive order temporarily blocking asylum for migrants at the U.S. Mexico border did little to dampen the anger and disappointment of immigrant rights advocates.
Numerous organizations released statements condemning the president’s June 4 directive to occasionally close the border to asylum seekers who enter the country illegally. The rule goes into effect when encounters hit 2,500 a day and remains in effect until daily crossings decline to 1,500 for seven straight days. CBS News reported the daily average at 3,700 in May.
The action is intended to reduce unlawful border crossings, the White House said, and will provide U.S. Border Patrol agents the authority to immediately return to Mexico migrants caught entering illegally or deport them to their home countries.
“President Biden’s executive order is a direct assault on the fundamental human right to seek asylum,” said Guerline Jozef, executive director of Haitian Bridge Alliance. “This Trump-era policy will leave thousands of vulnerable individuals, including families, children, and those fleeing violence and persecution, without the protection and refuge they need.”
The White House said the executive order, like others issued during Biden’s presidency, resulted from the failure of Republicans in Congress to act on meaningful immigration reforms. “Since his first day in office, President Biden has called on Congress to secure our border and address our broken immigration system. Over the past three years, while Congress has failed to act, the president has acted to secure our border.”
Biden’s previous presidential immigration actions include requiring migrants to apply for asylum in other nations enroute to the southern border and forcing asylum seekers to wait in Mexico for appointments in the U.S., sometimes for months at a time.
The administration also has sought to hire more border agents, authority to close the border during migration surges and technology upgrades to help prevent fentanyl smuggling into the U.S. — all provisions of bipartisan legislation defeated earlier this year.
“Republicans in Congress chose to put partisan politics ahead of our national security, twice voting against the toughest and fairest set of reforms in decades,” the White House said.
While the Democratic president has not gained any praise from Republicans for his immigration actions, he has further alienated civil rights groups and immigration advocates.
The American Civil Liberties Union compared Biden’s asylum order to the entry ban instituted by President Donald Trump that was defeated in federal court.
“We intend to challenge this order in court. It was illegal when Trump did it, and it is no less illegal now,” said Lee Gelernt, deputy director the ACLU Immigration Rights Project.
A 2024 survey by Immigration Hub and Voto Latino found most Americans (82%) recognize the nation’s immigration system is “deeply broken,” with 68% supporting strong border security and providing Dreamers and other eligible immigrants pathways to citizenship.
“Voters support an investment in border security that improves the infrastructure and processing of asylum seekers and migrants, while rejecting policies, such as family detention and separation,” the study added.
Even if illegal crossings are reduced in the near term, the president’s new policy represents only a “Band-Aid” approach unless backed up by reforms passed in Congress, National Immigration Forum President Jennie Murray said.
“To be clear, border security is paramount, and there is a clear need to get a better handle on managing the border. But long-term solutions require legislation, including funding the personnel and other resources a secure, compassionate border response requires,” Murray said in an appeal urging the White House and Congress to work together.
But closing the border to migrants fleeing persecution and other hardships is immoral and a violation of international law, said Amy Gottlieb, U.S. migration director for the American Friends Service Committee.
“President Biden is doubling down on Trump’s cruel and ineffective efforts to punish migrants for failures of U.S. policy.”
“What we need is to create a fair and welcoming immigration system that processes immigration claims quickly, connects people to supportive services, and provides avenues for residency and citizenship. Instead, President Biden is doubling down on Trump’s cruel and ineffective efforts to punish migrants for failures of U.S. policy.”
Denying asylum to those who cross the border illegally does not make the country any safer, added Adriana Jasso, coordinator of the committee’s U.S.-Mexico border program.
“Who does it protect to terrorize families? Who does it serve to close the door on families seeking safety and a better life? Our border communities don’t want more walls and border closures. We want policies that give everyone an opportunity to thrive, no matter where they were born.”
Global Refuge President Krish O’Mara Vignarajah acknowledged Biden’s dilemma but added humanitarian protections for migrants and secure borders are not conflicting concepts.
“We are deeply concerned about the legality of this interim final rule and the moral implications of turning away asylum-seeking families desperate for and deserving of protection. Our fear is that such restrictions would ultimately deny protection to persecuted individuals and families based on increasingly arbitrary factors, and not on the actual merits of their claim.”
Biden’s action represents nothing less than a betrayal of the compassionate immigration solutions he promised during his presidential campaign, said Nicole Melaku, executive director of National Partners for the Americas.
“By embracing punitive, right-wing strategies, the administration is turning its back on the American electorate’s clear desire for inclusive policies that provide a pathway to citizenship for immigrants,” Melaku said. “Instead of Band-Aid solutions that will hurt our communities and economy in the long run, we need real solutions that address the root causes of migration, honor our nation’s commitment to provide refuge to those in need of safety, and uphold the dignity and rights of all individuals and families.”
The executive order makes an already broken asylum system even more confusing, said Michael Neuroth, director of public policy for the United Church of Christ.
“It is also a fundamental violation of our faith. Jesus was a migrant who survived a massacre by fleeing to a safer land. We must remember that Jesus’ life and ministry calls us to see the presence of God in all people, including migrants. Our faith, founded on the teachings of Jesus Christ, a stateless refugee, tells us that when we shut out the stranger, all of us suffer.”