Week of June 1–7, 2024

New legislation proposed by NYC Council members Robert Holden and Joe Borelli seeks to repeal "sanctuary city" laws enacted from 2014-2018 under former Mayor Bill de Blasio. These laws restrict local law enforcement from cooperating with federal immigration authorities unless dealing with suspected terrorists or serious public safety threats. The proposed bill aims to reverse these rules, allowing city agencies to partner with ICE to enforce federal immigration laws. Holden argues that current laws endanger both immigrants and residents by limiting interagency communication. While Mayor Eric Adams has suggested loosening these rules for migrants suspected of serious crimes, Council Speaker Adrienne Adams and the progressive Democratic majority oppose any changes. The bill is expected to face significant opposition from the Council’s left-wing members. Mayor Adams plans to review the legislation.

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House Speaker Mike Johnson criticized President Joe Biden's anticipated executive action on immigration as "too little, too late," attributing Biden's move to polling pressures rather than genuine concern. Despite a recent decline in border crossings, Johnson argues that Biden is trying to address an issue he created. Johnson, who once urged Biden to use executive orders to curb immigration, now sees this as an election-year tactic. Efforts to reform the asylum system have repeatedly failed, including a bipartisan Senate plan that collapsed due to opposition from former President Trump. Johnson has been vocal in both advocating for and criticizing executive actions on immigration, depending on the political context.

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President Joe Biden is reportedly planning to introduce a highly restrictive immigration policy, which would deny asylum to migrants if border encounters exceed a new daily threshold. This executive order would return migrants to their home countries or Mexico once the limit is surpassed, sparking concerns among advocates about its impact on asylum seekers. Texas border city mayors have been invited to the announcement. The cap might be set at 2,500 to 3,000 daily crossings. This policy shift is seen as a response to record migrant encounters during Biden’s term and mounting political pressure. Critics argue the plan could violate U.S. compliance with the Refugee Convention and question its operational feasibility. The Biden administration has called for comprehensive immigration reform, emphasizing that executive actions alone are insufficient without broader legislative solutions.

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Two Texas border mayors, John Cowen of Brownsville and Ramiro Garza of Edinburg, are heading to Washington for an immigration announcement by President Joe Biden. Biden plans to introduce an executive order aimed at significantly limiting the number of migrants allowed to seek asylum in the U.S. Cowen has confirmed his attendance, while Garza will provide further details on his plans. Eagle Pass’s Democratic mayor has not been invited, and McAllen's mayor is unable to attend due to a prior commitment. The White House is expected to finalize an executive order to automatically deny asylum requests when the number of migrants encountered exceeds a new daily limit. This move comes despite a decline in border crossings since December, attributed to increased enforcement by Mexico. Biden’s actions aim to prevent a potential spike in crossings before the fall elections, amid ongoing voter concerns about immigration and political contention between Democrats and Republicans.

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President Joe Biden issued a new executive order limiting asylum claims at the U.S.-Mexico border and enabling swift deportations for illegal entrants. Biden cited a lack of bipartisan support as the reason for using executive authority. The order aims to manage high levels of migrant encounters by capping asylum processing at official ports if daily illegal entries exceed 2,500. Republicans criticized the move as insufficient, while Biden argued it was necessary to enhance border security without congressional action. The order includes some measures from a previously negotiated bipartisan border security package. GOP lawmakers, like Mitch McConnell and Ted Cruz, condemned the timing and effectiveness of the order. The executive action also faces opposition from the left, including the ACLU, which plans to challenge it in court. Biden emphasized the need for legislative changes to truly secure the border and criticized previous Trump administration policies and Republican inaction.

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Representative Pramila Jayapal criticized the Biden Administration's executive action restricting asylum access, likening it to Trump's use of section 212(f) of the Immigration and Nationality Act, including for the Muslim Ban. Jayapal argues this enforcement-only approach penalizes asylum seekers and perpetuates a false narrative about fixing the border. She asserts that modernizing the outdated immigration system is necessary, as legal pathways and processing resources are insufficient. Jayapal blames Senate Republicans for blocking bipartisan immigration reforms, such as the Farm Workforce Modernization Act and the Dream and Promise Act. She calls for a humane and effective immigration system, emphasizing that border management should focus on expanding lawful pathways and providing fair adjudication of asylum claims. Jayapal concludes that today's enforcement-only actions are a dangerous misstep, advocating for reforms that prioritize an orderly and humane approach to immigration.

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The Biden administration's June 4 proclamation and Interim Final Rule restrict asylum access for those crossing the southern U.S. border without inspection. These measures do not close the border but make it harder for asylum seekers by adding restrictions and raising standards. Asylum seekers must now present themselves at ports of entry with an appointment or face ineligibility for asylum. The "shout test" replaces mandatory fear questioning, requiring individuals to express fear proactively to avoid deportation. The new standard, "reasonable probability," raises the bar for asylum eligibility. The U.S. lacks the infrastructure to handle these changes, likely resulting in continued releases into the country. The article argues for a focus on strengthening the asylum system and providing legal pathways, rather than relying on deterrence, which has historically failed to address the root causes of migration.

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On the campaign trail, Donald Trump has promised extreme anti-immigrant policies if re-elected, threatening democratic principles and immigrants' rights. The ACLU pledges to challenge such policies, as it has done with the Biden administration's asylum restrictions. Trump's proposed policies include mass detention and deportation, dismantling the asylum system, ending birthright citizenship, and reinstating family separation. These policies are seen as more extreme and damaging than those during his first term, likely violating due process and promoting xenophobia. The ACLU plans coordinated action at all government levels, legal challenges, and mobilization of supporters to protect immigrant rights and uphold civil liberties.

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President Joe Biden's recent executive order to limit asylum claims at the U.S.-Mexico border is facing legal challenges from both sides. The state of Texas, advocating for stricter border control, argues that Biden's order contradicts previous Justice Department positions that asylum seekers have rights upon entering the U.S. Biden's policy suspends asylum claims if daily border apprehensions exceed 2,500 for seven days, except for unaccompanied minors and urgent humanitarian cases. Immigrant rights groups plan to contest the new rules as illegal. The Texas Solicitor General highlighted inconsistencies in Biden's stance during a court session. Meanwhile, the Justice Department defended the policy, stating it restricts eligibility but does not eliminate the right to apply for asylum. The dispute over border control measures, including Texas' concertina wire, continues in court.

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The last comprehensive immigration reform in the U.S. was passed in 1986 under President Ronald Reagan. Since then, attempts to combine increased border enforcement with legalization for undocumented immigrants have failed. With over 11 million undocumented immigrants in the country, immigration remains a contentious issue. Recently, Republican governors, like Ron DeSantis, have politically weaponized immigration, even using taxpayer money to transport migrants to Democratic cities under false pretenses. Polls indicate that immigration is a top concern for many Americans, particularly Republicans. Efforts for reform, such as a bipartisan bill involving stricter border controls, were halted due to opposition from former President Trump. Immigration advocates criticize both parties for using the issue for political gain while failing to deliver meaningful reform. The upcoming presidential election could significantly impact immigration policy, with vastly different approaches promised by Biden and Trump.

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