On June 4, President Biden issued a sweeping order that allows him to “suspend the entry” of most migrants who cross the border between ports of entry, echoing a similar order issued by President Trump in November 2018. Importantly, U.S. law provides that all people can seek asylum, regardless of how they enter the country. |
According to a new report from the U.S. Department of Homeland Security, about 11.0 million undocumented immigrants were living in the United States in 2022—a 4.6% increase from 2020. This is still a 5.2% drop from the recent high of 11.6 million in 2010. |
The U.S. Border Patrol turned 100 years old. Its troubled origins and history form the backdrop for contemporary concerns about the agency, including impunity for abuses against migrants and citizens alike. |
While the Biden administration’s recent changes seek to limit access to asylum for people who enter between ports of entry, the actions did not and cannot seal the border. But they are likely to create a more arbitrary asylum system where outcomes depend not on the strength of a person’s claim, but on the number of people crossing the border at any given time.
This new analysis from the American Immigration Council dives into Biden’s executive action on the border, explaining what the proclamation and regulation actually do in practice.
Read more: An American Immigration Council Analysis of the President’s 212(f) Proclamation and Interim Final Rule Restricting Asylum
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Under Section 212(f) of the Immigration and Nationality Act (INA), the U.S. president has the authority to “suspend the entry” of certain noncitizens into the United States under certain circumstances.
While the language gives the president broad powers over the entry of noncitizens into the United States, that power is not universal. This new fact sheet from the Council examines 212(f), how presidents have previously used this authority, and its practical implications.
Read more: Understanding INA Section 212(f): The President’s Authority to Suspend the Entry of Migrants |
