Policy at the Border: Biden’s Move to Control Asylum Access

Berd & Klauss, PLLC stays up-to-date on the latest policies and regulations that can impact our clients’ paths to permanent residency or asylum in the US. This allows our experienced immigration attorneys and asylum lawyers in New York to provide you with the most credible and reliable guidance. You can count on our team to provide you with actionable advice based on the latest legal developments.

One of the more recent executive orders signed by President Joe Biden on June 4, 2024, focuses on managing the flow of migrants at the southern border. While the full implications are still being evaluated, our team is prepared to advise you on how these changes might affect your particular case.

What does this executive order mean?

President Biden’s recent executive order on border security invokes section 212(f), a provision within the Immigration and Nationality Act. It grants the president authority to restrict the entry of immigrants when deemed necessary for national interests.

The order establishes a 2,500 daily limit for processing migrants at the US-Mexico border. If the number of attempted crossings exceeds this limit, the government can slow down or limit how many new asylum applications they accept.

The order was designed to take immediate effect. The border would only reopen to unrestricted processing of asylum seekers once the number of daily crossings falls below 1,500 and remains there for a sustained period. 

Preventing unlawful crossing

This policy aims to discourage people from crossing the southern border illegally to claim asylum. It’s intended to be temporary—that is, once the number of migrants arriving at the border becomes manageable and security forces can handle the situation effectively, the policy will be discontinued.

Notably, this policy will still allow exceptions for vulnerable people as outlined in the bipartisan border agreement approved by the Senate. This includes exceptions for victims of trafficking and children who are alone.

Strengthening border control

This move reflects the administration’s response to increasing political pressure by demonstrating a firmer grip on border management. In recent months, the White House has intensified efforts to both deter migration and streamline the asylum process amid conflicts with Democrats and criticism from Republicans.

Former President Donald Trump and his followers have consistently focused on illegal crossings. Trump’s stringent immigration policies, which were central to his campaign, included a promise to close the border on the first day of his potential re-election. He claims the situation at the border is 100 times worse than in 2016.

What others are saying

The executive action has faced criticism, with House Speaker Mike Johnson describing it as “too little, too late” and questioning why the president did not take action earlier. This sentiment is echoed by many Republicans.

Biden’s officials planned the timing of the executive order for months. It was originally scheduled before the State of the Union address but had to be postponed due to a decrease in border crossings following stricter enforcement policies in Mexico. Political analysts say that the administration also intended to use the failure of a bipartisan border security bill as an opportunity to criticize Republicans who opposed the bill. 

Potential repercussions

Immigration policy experts warn that the executive order may not significantly improve the border situation. Despite efforts to mitigate asylum-seekers during increased border crossings, traffickers and smugglers are expected to continue targeting Colombians, Venezuelans, Cubans, and other nationalities whose deportation won’t be easy. Experts also caution that shutting down the border due to specific illegal crossing numbers may cause a surge in remote areas and further complicate border patrol efforts.


Officials of the Biden administration do not expect this border policy to alleviate the border crisis, but they hope it can reduce the president’s political pressure before the November election. Ideally, this border crisis requires action from Congress.

Are you affected by this policy?

If you are concerned that this policy can prevent you from seeking asylum in the US, we are here to help. Contact us today to talk to an asylum lawyer in New York. We have years of expertise and experience in creating opportunities for immigration by helping our clients navigate their options while ensuring compliance with the law.

As your asylum lawyer in New York, we will work closely with you to clarify matters related to your access and immigration to the US. Contact Berd & Klauss, PLLC, by calling 212-461-7152 or arrange a meeting by emailing info@berdklauss.com.