(Official White House Photo by Adam Schultz)
Despite a flurry of reports over the past few months that Biden is considering using his executive authority to address the surge in illegal immigration, he has so far chosen not to and repeatedly said throughout his first few years in office that he needed Congressional approval.
Under the Biden administration’s policies, illegal immigration escalated dramatically; there were over 2 million illegal migrant encounters at the southern border in fiscal year 2023, compared to roughly 400,000 illegal migrant encounters in FY2020, the last year of the Trump administration, according to Customs and Border Protection data. One action Biden is currently weighing, which would give him the authority to stop certain migrants from entering the U.S. if they are deemed “detrimental” to U.S. security interests, would not require congressional approval, according to Axios.
“I suggested that. We’re examining whether or not I have that power,” Biden told Univision on Monday. “Some have suggested I should just go ahead and try it… But we’re trying to work that, work through that right now.”
Biden was reportedly considering a series of options in February and March that would have started to curb the flow of illegal migration at the southern border, particularly by making it more difficult for migrants to claim asylum at the southern border, but didn’t make any immediate moves to act, still claiming publicly he needed Congress’ help. Biden consistently touts the fact that he sent Congress legislation on day one of his presidency that would “secure our border, provide a pathway to citizenship, and better manage migration across the Hemisphere.”
“On day one of my presidency, I kept my commitment and sent a comprehensive immigration bill to the United States Congress,” Biden told a joint session of Congress in April 2021. “We can actually — if you actually want to solve a problem, I’ve sent a bill to take a close look at it.”
Biden continually reinforced his call for Congress to work with him to fix the immigration system during his tenure, even after spending the first months of his presidency issuing a flurry of executive orders rolling back Trump-era border security policies, including nixing deportation initiatives and halting construction of the border wall.
“We’re committed to fixing the immigration system. Instead of working with us on solutions, Republicans are playing politics with human beings, using them as props. What they’re doing is simply wrong. It’s un-American. It’s reckless,” Biden said during the 45th Congressional Hispanic Caucus Institute Gala in September 2022.
“Come together on immigration and make it a bipartisan issue like it was before,” Biden said during his February 2023 State of the Union address, once again calling on Congress to pass his immigration reform. “America’s border problems won’t be fixed until Congress acts.”
By the end of 2023, Border Patrol had made over 5.8 million migrant encounters at the southern border since Biden took office, according to CBP data. Biden continued to blame “MAGA Republican” lawmakers for stonewalling his legislation and preventing him from acting.
“We have to finally fix the broken immigration system, for God’s sake,” Biden said during the 46th Congressional Hispanic Caucus Institute Gala in September 2023. “The MAGA Republicans in Congress and my predecessor spent four years gutting the immigration system… They continue to undermine our border security today, blocking bipartisan reform.”
The Biden administration sent Congress in October 2023 its supplemental funding request, which included over $60 billion for Ukraine aid, $24 billion in additional international aid, and $13 billion on border security. Biden urged Congress to approve his request so he could start acting on the border.
While House Republicans spent the last 22 days electing a Speaker, I’ve been at work on a funding package that advances our bipartisan national security interests in Israel and Ukraine, secures our border, and invests in families.
Now, we must move swiftly to avoid a shutdown.
— President Biden (@POTUS) October 26, 2023
“Frankly, I think it’s stunning that we’ve gotten to this point in the first place,” Biden said during a press conference on Dec. 6. “Republicans have to decide if they want a political issue or if they want a solution at the border. Do they really want a solution? It cannot be sustained as it is now.”
“I’ve done all I can do. Just give me the power. I’ve asked from the very day I got into office,” Biden said during a press gaggle on Jan. 30.
Biden’s supplemental request was reflected in a Senate border security bill that was released in early February. The bill was received poorly by Republican lawmakers who felt it had too many holes and didn’t take proper steps to stave off the illegal immigration crisis, as it would have allowed for catch-and-release into the country and didn’t mandate the construction of a border wall.
“If the bill fails, I want to be absolutely clear about something. The American people are going to know why it failed. I’ll be taking this issue to the country,” Biden warned during remarks on Feb. 6. “Every day between now and November, the American people are going to know that the only reason the border is not secure is Donald Trump and his MAGA Republican friends.”
House Republicans ultimately let the bill die after the Senate released it.
We’ve worked with a bipartisan group of Senators for months to put forward the toughest and fairest border deal in history.
Congressional Republicans took one look, killed it, and left town.
For them, it was never about the border. It was about playing politics. pic.twitter.com/8cytEyAwhC
— President Biden (@POTUS) February 15, 2024
“I had a bipartisan deal to secure the border… but Republicans said, ‘No,'” Biden said in a social media post on Feb. 15. “For them, it was never about the border. It was about playing politics.”
“[The bill] would also give me, as President, new emergency authority — or any other president — to temporarily shut down the border when the number of immigrants is overwhelming and to g- — regain control of the border,” Biden said during a speech at the National League of Cities Congressional City Conference on Mar. 11. “You all face the issue every single day. So, it matters to you, your community, to tell your members in Congress to show up, show a little spine, and pass the bipartisan border security bill.”
The White House did not immediately respond to a request for comment.
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