President Biden issued an executive order on Tuesday that prevents migrants from seeking asylum at the U.S.-Mexico border when crossings surge, a dramatic election-year move to ease pressure on the immigration system and address a major concern among voters.
The measure is the most restrictive border policy instituted by Mr. Biden, or any other modern Democrat, and echoes an effort in 2018 by President Donald J. Trump to cut off migration that was blocked in federal court.
In remarks at the White House, Mr. Biden said he was forced to take executive action because Republicans had blocked bipartisan legislation that had some of the most significant border security restrictions Congress had considered in years.
“We must face a simple truth,” said the president, who was joined by a group of lawmakers and mayors from border communities. “To protect America as a land that welcomes immigrants, we must first secure the border and secure it now.”
Aware that the policy raised uncomfortable comparisons, Mr. Biden took pains to distinguish his actions from those of Mr. Trump. “We continue to work closely with our Mexican neighbors instead of attacking them,” Mr. Biden said. He said he would never refer to immigrants as “poisoning the blood” of the country, as Mr. Trump has done.
Still, the move shows how drastically the politics of immigration have shifted to the right in the United States. Polls suggest there is support in both parties for border measures once denounced by Democrats and championed by Mr. Trump as the number of people crossing into the country has reached record levels in recent years.
The restrictions kick in once the seven-day average for illegal crossings hits 2,500 per day. Daily totals already exceed that number, which means that Mr. Biden’s executive order could go into effect right away — allowing border officers to return migrants across the border into Mexico or to their home countries within hours or days.
Typically, migrants who cross illegally and claim asylum are released into the United States to wait for court appearances, where they can plead their cases. But a huge backlog means those cases can take years to come up.
The new system is designed to deter those illegal crossings.
The border would reopen to asylum seekers only when the number of crossings falls significantly. The figure would have to stay below a daily average of 1,500 for seven days in a row. The border would reopen to migrants two weeks after that.
The American Civil Liberties Union said it planned to challenge the executive action in court.
“The administration has left us little choice but to sue,” said Lee Gelernt, a lawyer at the A.C.L.U, which led the charge against the Trump administration’s attempt to block asylum in 2018 and resulted in the policy being stopped by federal courts. “It was unlawful under Trump and is no less illegal now.”
There would be limited exceptions to the restrictions announced Tuesday, including for minors who cross the border alone, victims of human trafficking and those who use a Customs and Border Protection app to schedule an appointment with a border officer to request asylum.
But for the most part, the order suspends longtime guarantees that give anyone who steps onto U.S. soil the right to seek a safe haven.
The executive action mirrors the legislation that Republicans blocked in February, saying it was not strong enough. Many of them, egged on by Mr. Trump, were loath to give Mr. Biden a legislative victory in an election year.
“Donald Trump begged them to vote ‘no’ because he was worried that more border enforcement would hurt him politically,” Andrew Bates, a White House spokesman, said in a statement on Tuesday. He added: “The American people want bipartisan solutions to border security — not cynical politics.”
Immigration advocates and some progressive Democrats have expressed concern that Mr. Biden was abandoning his promise to rebuild the asylum system.
“By reviving Trump’s asylum ban, President Biden has undermined American values and abandoned our nation’s obligations to provide people fleeing persecution, violence, and authoritarianism with an opportunity to seek refuge in the U.S.,” said Senator Alex Padilla, Democrat of California.
Tuesday’s decision is a stark turnaround for Mr. Biden, who came into office attacking Mr. Trump for his efforts to restrict asylum. During a 2019 debate, Mr. Biden, then a candidate running against Mr. Trump for the first time, excoriated his rival’s policies.
“This is the first president in the history of the United States of America that anybody seeking asylum has to do it in another country,” Mr. Biden said at the time.
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