English
EspanolOn June 4, President Joseph R. Biden signed an executive order declaring that any noncitizen attempting to cross the southern border of the United States would be turned away unless they presented themselves at a legal port of entry. This policy was put into place to deal with a rising number of undocumented immigrants crossing the southern border, which has begun to overwhelm immigration authorities. Notably, this policy does not exempt people seeking asylum, which led to two separate groups filing a lawsuit, saying that the new policy violates existing immigration law.
Terms of the Executive Order
The new executive order places harsh limits on immigration through the border between Mexico and the United States, effectively closing the border whenever more than 2,500 noncitizens attempt to cross the border without appropriate documentation. At that point, the only way to cross legally into the United States is to go to a legal port of entry, and all others will be turned away. People who attempt to cross the border illegally may face imprisonment, deportation, or other legal consequences. This restriction will stay in place until there are seven consecutive days of less than 1,500 people attempting to cross the border without documentation.
Impact on Undocumented Immigrants
For undocumented immigrants attempting to enter the country, particularly asylum seekers, this executive order is potentially devastating. Because they will be turned away at the border without formally entering the U.S., many will never even have their cases heard, which may be particularly dangerous for asylum seekers who may be forced to return to countries where they face violence, deprivation, or persecution. As a result, many may be stranded at the southern border without legal recourse for their predicaments.
Litigation Filed Contesting the Order
In response to this, the Las Americas Immigrant Rights Center and RAICES filed a lawsuit contesting the legality of the new policy, in part being represented by the ACLU. Jennifer Babaie, director of advocacy and legal services for Las Americas, accused the administration of trying to “further penalize vulnerable individuals and families seeking protection.” The Department of Homeland Security, which is named as one of the defendants in the suit, declined to comment on the pending litigation.
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