President Biden stated on Apr. 9 that his administration is considering whether he possesses the unilateral authority to shut down the southern border with Mexico if circumstances demand it.
“We’re examining whether or not I have that power,” Biden said in an interview with Univision’s Enrique Acevedo, referencing a potential need for congressional action.
“When the border has over … 5,000 people a day trying to cross the border because you can’t manage it, slow it up. There’s no guarantee that I have that power all by myself without legislation,” he continued. “And some have suggested I should just go ahead and try it. And if I get shut down by the court, I get shut down by the court.”
Indian American Congresswoman Pramila Jayapal slammed this remark stating, “I am extremely disappointed to see the President discussing plans to use executive authority to ‘shut down the border’ and limit the ability of people to seek asylum in the United States. Democrats cannot continue to take pages out of Donald Trump and Stephen Miller’s playbook — we need to lead with dignity and humanity. 30 years of data shows that enforcement-only approaches do not work.”
Her statement acknowledges President Biden's introduction of a bill for comprehensive and humane immigration reform upon assuming office, highlighting the ineffectiveness of harsh policies implemented by former President Trump. “When former President Trump implemented draconian policies like Remain in Mexico and Title 42 border apprehensions went up, not down. And in 2018 when Trump attempted a similar executive action, it was stopped by the courts,” she said.
Emphasizing the need to reform the immigration system she said, “It is therefore even more disappointing to hear President Biden’s recent comments. What we need is for the President to continue to showcase the need for fundamental reforms to the immigration system that allow for efficient legal pathways for migrants to enter the United States, for more resources to allow the immigration system to work, and for a clear recognition of the contributions of immigrants to our country at every level.”
The statement underscores that the situation at the border is a direct consequence of the outdated and dysfunctional legal immigration system, which has not been modernized for three decades.
Jayapal highlights the severe backlog in the legal process, where it takes decades for legal residents to reunite with their children, employers face challenges in hiring due to a backlog of 2 million unprocessed individuals, and asylum seekers endure over 8 years of waiting for their cases to be heard due to a shortage of immigration judges. This backlog leads individuals to resort to dubious actors, including cartels, who exploit their desperation by promising entry through the border.
“Republicans have consistently blocked even bipartisan reforms to the immigration system that allow for a path to citizenship for Dreamers and farmworkers,” she added in the statement. “They have consistently voted against more resources to help processing at the border or more technology to secure the border. They have opposed every single solution Democrats have proposed because they want to keep immigration out there as a political issue, rather than solving the problem.”
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