The New Mexico Immigrant Law Center Rejects President Biden’s Asylum Executive Order
CONTACT:
Felipe Vásquez | (505) 639-8636 | fvasquez@nmilc.org
June 5, 2024 ALBUQUERQUE, N.M. — On June 4, 2024, President Biden released an Executive Order effectively barring access to the asylum system when levels of migrants arriving to the US are perceived to be high. The announcement follows several other announcements from the Administration to address immigration, including a Directive from the Department of Justice to increase criminal prosecutions for unlawful entry, and the Administration’s continued assault on asylum seekers via the asylum ban and expanded expedited removal.
The New Mexico Immigrant Law Center (NMILC) strongly rejects President Biden’s Executive Order, which will further erode access to the asylum system and push migrants further into the shadows.
“Asylum is a human right, and people should not be punished for seeking safety at the Southern Border,” said Sophia Genovese, Managing Attorney for the asylum and detention programs at NMILC. “NMILC has observed firsthand the disastrous and violent consequences of President Biden’s border policies through our work with people detained in New Mexico’s ICE detention facilities. Nearly every asylum seeker whom NMILC has worked with has been robbed, kidnapped, and extorted by government officials and criminal syndicates in Mexico while awaiting entry into the United States.”
Genovese continues: “President Biden’s Executive Order is based on the same failed playbook that former President Trump used to drive migrants further into shadows and into the hands of dangerous smugglers, while also depriving people of basic due process and the right to seek asylum.”
“We believe this Executive Order will not reduce the number of people trying to seek safety in the United States, and instead create more dysfunction in our immigration system. We continue to call on the administration to welcome migrants with dignity, in the form of robust case management and supportive services that are proven to be more effective than carceral policies and far less expensive for US taxpayers.”
For more information about the asylum process and to learn more about NMILC’s services, please visit nmilc.org/asylum
Legal History
President Biden relies on Section 212(f) of the Immigration and Nationality Act (INA) in his executive order, which former President Trump used to enact the Muslim Ban, barring foreign nationals from Muslim-majority countries from entering the United States. The ban was notoriously upheld by the Supreme Court of the United States in Trump v. Hawaii. In its decision, Chief Justice John Roberts found that INA § 212(f) “exudes deference to the President” and thus empowers the Executive to deny entry of noncitizens if they determine that allowing such an entry “would be detrimental to the interests of the United States.” Advocates fiercely rejected the Muslim ban, which was later rolled back.
Despite wide-ranging powers granted under INA § 212(f), President Biden’s authority is not absolute and is subject to judicial review. The Executive Order is clearly violative of international refugee law, domestic asylum law, and general principles of due process. By effectively closing the border and swiftly deporting people seeking safety, Biden subjects his Administration to costly and lengthy litigation that do not serve to address the myriad issues facing border processing.
Ms. Genovese is available to provide on-camera interviews and sound, as well as background information and analysis on request. Please coordinate with Felipe Vasquez for availability.
The New Mexico Immigrant Law Center is a non-profit organization seeking to advance justice and equity by empowering low-income immigrant communities through collaborative legal services, advocacy, and education.
