Joe Biden executive order curbing border asylum processing expected Tuesday

President Joe Biden is set to announce an executive order as early as Tuesday that would effectively close the US-Mexico border to asylum-seekers crossing illegally once a daily threshold of crossings is exceeded. This sweeping and controversial proposal is expected to face strong opposition from progressives and immigration advocates.

Under the order, migrants would be returned to their home countries or to Mexico and would be ineligible for asylum consideration once the limit is surpassed. This information comes from officials who spoke anonymously as they were not authorized to discuss the pending order publicly.

The executive order invokes the "212(f)" authority, a regulation previously used under the Trump administration and widely criticized by Democrats at the time.

The executive action, which has been in development for months, would significantly restrict migrants from seeking asylum at the southern border if they cross illegally after daily encounters at non-official entry points reach 2,500. This measure is likely to take effect almost immediately. Migrants could still request an appointment to present their asylum claim at an official port of entry.

While the order is in effect, authorities would be able to turn away migrants to Mexico or their country of origin. The US had a similar arrangement with Mexico during the Covid-19 era under a border restriction known as Title 42, which also resulted in certain migrants being returned to Mexico.

Currently, border authorities are apprehending just under 4,000 migrants crossing illegally per day, according to a Homeland Security official. There are also approximately 1,500 daily appointments for asylum claims through the US Customs and Border Protection mobile app.

Biden will unveil his executive order alongside several border mayors invited by the White House for the announcement. Texas Mayors John Cowen of Brownsville and Ramiro Garza of Edinburg have confirmed their attendance. San Diego Mayor Todd Gloria was also invited but could not attend due to scheduling conflicts.

The White House is expected to face significant vocal resistance from many Democratic lawmakers.