With a carefully thought out move to address the worsening border crisis, the Biden administration has implemented a stringent new regulation aimed at curbing the surge of illegal immigration.
The joint Department of Homeland Security and Department of Justice rule comes on the heels of Congress’ inability to pass bipartisan border security legislation, which would have provided the strongest enforcement tools in three decades.
Secretary of Homeland Security Alejandro N. Mayorkas, expressing his frustration with the legislative branch’s inaction, announced,
“Today, this Administration has taken another executive action to do what it can to strengthen border security in the wake of Congressional inaction.”
The regulation, an Interim Final Rule, is designed to deter irregular migration by limiting asylum eligibility and speeding up the delivery of consequences for those who cross illegally between ports of entry during periods of high migrant encounters that exceed the government’s processing capacity.
Record-Breaking Migrant Encounters Under Biden Administration
The introduction of this new regulation comes as the U.S.-Mexico border faces an unprecedented influx of migrants since President Biden took office in January 2021. In fiscal year 2022, southwest border encounters reached a staggering 2.3 million, shattering the previous record set in FY 2021.
The situation has only intensified in FY 2023, with over 3 million encounters recorded through August, surpassing the total for the entire previous fiscal year with one month remaining.
August 2023 alone witnessed a new single-month record of more than 300,000 encounters, highlighting the administration’s struggle to control the escalating crisis.
Comparison to Trump Era and Call for Legislative Reform
To put the current border situation into perspective, the Biden administration has seen a jaw-dropping 550% increase in migrant encounters compared to the last fiscal year under the Trump administration.
In just the first three years of Biden’s presidency, there have been more than 6.3 million total migrant encounters at and between ports of entry along the southwest border.
While the administration has taken action to remove or return more than 750,000 people over the past year—the highest total since fiscal year 2010—Secretary Mayorkas stressed that these measures are no substitute for comprehensive legislative reform.
“The tough measures we announced today are no substitute for much-needed reforms that are only possible through legislation,”
he emphasized, urging Congress to provide the necessary statutory authorities and resources to create a functioning immigration system.
Migrant Encounters at the Southwest Border
Fiscal Year |
Total Encounters |
|---|---|
| 2020 (Trump) | 458,088 |
| 2021 (Biden) | 1.7 million+ |
| 2022 (Biden) | 2.3 million+ |
| 2023 (Biden, through Aug.) | 3 million+ |
Debate Over New Regulation’s Impact and Effectiveness
As the new regulation takes effect, its impact on deterring irregular migration and its treatment of asylum seekers remain points of contention. Immigrant advocates argue that the rule will unjustly deny vulnerable individuals the protections they are entitled to under international law.
On the other hand, proponents of stricter border control maintain that such measures are necessary to manage the unprecedented influx of migrants and prevent the system from being overwhelmed.
As the debate rages on, the spotlight remains on Congress to deliver the legislative solutions and resources needed to address this complex and pressing issue. The Biden administration’s executive action, while significant, is ultimately a temporary measure in the face of a broken immigration system that requires comprehensive reform.
Sources: THX News, Ben Cardin, MPI, Committee on Homeland Security & US Department of Homeland Security.
