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聽on Tuesday unveiled plans to enact immediate significant restrictions on migrants seeking asylum at the U.S.-Mexico border as the White House tries to neutralize immigration as a political liability ahead of聽.

The long-anticipated presidential proclamation would bar migrants from being granted asylum when U.S. officials deem that聽聽is overwhelmed. The Democratic president had contemplated unilateral action for months after the collapse of a bipartisan border security deal in Congress that聽聽at the behest of former President Donald Trump, the presumptive GOP presidential nominee.

Biden said he preferred more lasting action via legislation but “Republicans have left me no choice.” Instead, he said he was acting on his own to 鈥済ain control of the border鈥� while also insisting that 鈥淚 believe immigration has always been the lifeblood of America.”

Trump “told the Republicans … that he didn’t want to fix the issue, he wanted to use it to attack me,” Biden said. 鈥淚t was a cynical, extremely cynical, political move and a complete disservice to the American people who are looking for us not to weaponize the border but to fix it.鈥�

Trump, on the other hand, used his social media account to assail Biden again over immigration, saying the Democrat had 鈥渢otally surrendered our Southern Border鈥� and his order was 鈥渁ll for show鈥� ahead of聽.

More details on the Biden directive

The order will go into effect when the number of border encounters between ports of entry hits 2,500 per day, according to senior administration officials. That means Biden鈥檚 order should go into effect immediately, because the daily averages are higher now. Average daily arrests for illegal crossings from Mexico were last below 2,500 in January 2021, the month Biden took office. The last time the border encounters dipped to 1,500 a day was in July 2020, at the height of the COVID-19 pandemic.

The restrictions would be in effect until two weeks after the daily encounter numbers are at or below 1,500 per day between ports of entry, under a seven-day average. Those figures were聽聽on Monday.

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Homeland Security said increased enforcement with Mexico since high-level bilateral meetings in late December has lowered illegal crossings but is 鈥渓ikely to be less effective over time,鈥� creating a need for more action. 鈥淪muggling networks are adaptable, responding to changes put in place,鈥� the department said in a federal rule published Tuesday.

The department predicts that arrests for illegal crossings may climb to a daily average as high as 6,700 from July through September.

Once this order is in effect, migrants who arrive at the border but do not express fear of returning to their home countries will be subject to immediate removal from the United States, within a matter of days or even hours. Those migrants could face punishments that could include a five-year bar from reentering the U.S. or even criminal prosecution.

Meanwhile, anyone who expresses that fear or an intention to seek asylum will be screened by a U.S. asylum officer but at a higher standard than currently used. If they pass the screening, they can pursue more limited forms of humanitarian protection, including the U.N. Convention Against Torture.

Reactions from US representatives from Washington

顿别尘辞肠谤补迟颈肠听 said she’s “profoundly” disappointed at the move from the Biden administration.

“This attempt to shut down the border to asylum seekers uses the same section of U.S. immigration laws that convicted felon Donald Trump used to implement the Muslim Ban and in attempts to cut off all access to asylum,” Jayapal said in a statement issued Tuesday. “While there are some differences from Trump鈥檚 actions, the reality is that this utilizes the same failed enforcement-only approach, penalizes asylum seekers, and furthers a false narrative that these actions will ‘fix’ the border.”

She went on to explain what she believes will actually remedy what is happening at the border.

鈥淭he reality is that the only thing that will 鈥榝ix鈥� the border is to modernize a desperately outdated immigration system that has reduced legal pathways and resources to process immigrants to intolerable levels.

She also took an opportunity to go after Republicans in the other legislative chamber for what she perceives is their inaction.

“Senate Republicans have used the power of the Jim Crow legacy filibuster to block any bipartisan compromise legislation passed in the House,” Jayapal said as part of her statement.

Jayapal wasn’t the only elected official criticizing the president’s move.

Washington Democratic released a joint press statement with three fellow Democratic U.S. Representatives:聽 Jared Golden, D-ME, Mary Peltola, D-Alaska, and Don Davis, D-N.C.

The statement begins by noting that while this is a step the U.S. representatives have sought for, it’s overdue and still not enough.

“This order is an overdue step, but our Southern Border is still not secure. We’ve long demanded President Biden change course and empower the Border Patrol, and he鈥檚 finally acting and listening to the law enforcement agents in the field, like we鈥檝e been telling him to do,” the statement reads.

The end of the short statement reiterates their stand on this issue and notes that security at the border must be a significant national security priority.

“Border security must be the top national security priority for President Biden,” the statement reads. “The President needs to do all he can to restore operational control of our Southern Border, and stop drug cartels from trafficking fentanyl into communities across America.”

The four also explained that In April, after voting for to restore operational control at the Southern Border, U.S. Reps. Gluesenkamp Perez, Golden, Peltola, and Davis called on Bidewn to “utilize his full executive authority to secure the border.” They called on Biden to “utilize his full authority again in May, and are renewing their call (Tuesday).”

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“We鈥檙e troubled to see this administration raise the bar on asylum seekers who are coming to our southern border and exercising a legal right,鈥� said Krish O鈥橫ara Vignarajah, president and CEO of Global Refuge. 鈥淐ertainly no one wants to see migrants who may be coming to seek a better life or for economic opportunity game the asylum system, but we see in our clients and in other immigrants people who are fleeing the most dire of circumstances at a time of unprecedented global migration and believe that the U.S. is still a beacon of hope and refuge.鈥�

At the border Tuesday, there were no visible signs of immediate impact.

Iselande Peralta, a Haitian mother staying at a migrant shelter in Reynosa, Mexico, with her 3-year-old son, said the U.S. was within its rights to enforce new restrictions. She has been trying for 10 months to get an appointment through U.S. Customs and Border Protection鈥檚 online app, called CBP One. Peralta, 26, wouldn鈥檛 consider crossing illegally and considers CBP One her best option.

鈥淓ven if I was crazy, I wouldn鈥檛 cross the river. How would I do that with a child as young as him? I鈥檓 willing to wait,鈥� she said.

Biden’s directive is coming when the number of migrants encountered at the border have been on a consistent decline since December, but senior administration officials say the numbers are still too high and could spike in better weather, as is typical.

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Questions about Biden’s directive persist

Yet many questions and complications remain about how Biden’s directive would be implemented.

For instance, the administration already has聽聽in which Mexico agrees to accept up to 30,000 citizens a month from Cuba, Haiti, Nicaragua and Venezuela once they are denied entry from the U.S., and senior administration officials say that will continue under this order. But it is unclear what happens to nationals of other countries who are denied under Biden鈥檚 directive.

Four senior administration officials, who insisted on anonymity to describe the effort to reporters, acknowledged that Biden’s goal of deporting migrants quickly is complicated by insufficient funding from Congress to do so. The administration also faces certain legal constraints when it comes to detaining migrant families, and the administration said it would continue to abide by those obligations.

The legal authority being invoked by Biden comes under Section 212(f) of the Immigration and Nationality Act, which allows a president to limit entries for certain migrants if their entry is deemed 鈥渄etrimental鈥� to the national interest. Senior officials expressed confidence that they would be able to implement Biden鈥檚 order, despite threats from prominent legal groups to file lawsuits over the directive.

鈥淲e intend to sue,” Lee Gelernt, an attorney for the American Civil Liberties Union who successfully argued similar legal challenges when Trump was president. “A ban on asylum is illegal, just as it was when Trump unsuccessfully tried it.鈥�

The senior administration officials insisted that Biden鈥檚 proposal differs dramatically from聽, who leaned on the same provisions of the Immigration and Nationality Act that Biden is using, including Trump’s 2017 directive to聽聽and his efforts in 2018 to clamp down on asylum.

Biden鈥檚 order outlines several groups of migrants who would be exempted due to humanitarian reasons, including victims of human trafficking, unaccompanied minors and those with severe medical emergencies.

The directive would also exempt migrants who make appointments with border officials at ports of entry using the CBP One app. About 1,450 appointments are made a day using the app, which launched last year to allow migrants to make asylum claims.

Immigration advocates worry that Biden鈥檚 plan would only increase an already monthslong backlog of migrants waiting for an appointment through the app, especially when immigration authorities do not have an accompanying surge of funding.

It could also be difficult for border officials to quickly remove migrants when many agents are already tasked with helping in shelters and other humanitarian tasks, said Jennie Murray, the president of the National Immigration Forum.

鈥淐ustoms and Border Protection cannot keep up with apprehensions as it is right now because they don鈥檛 have enough personnel so it would cause more disorder,鈥� she said.

Republicans dismissed Biden鈥檚 order as nothing more than a 鈥減olitical stunt鈥� meant to show toughened immigration enforcement ahead of the election.

鈥淗e tried to convince us all for all this time that there was no way he could possibly fix the mess,鈥� GOP House Speaker Mike Johnson said at a news conference. 鈥淩emember that he engineered it.”

In a call organized by Trump鈥檚 campaign, Stephen Miller, a senior adviser in Trump鈥檚 White House who orchestrated his most polarizing immigration policies, and Tom Homan, former acting director of the Immigration and Customs Enforcement in the Trump administration, said Biden鈥檚 order essentially would allow 2,500 people into the country a day and legalize the illegal entry into the U.S.

“The only reason they鈥檙e doing this is because of the election,” Homan said. “They鈥檝e had three and a half years to take action and done nothing.鈥�

Democratic Senate Majority Leader Chuck Schumer said legislation would have been more effective, but 鈥淩epublican intransigence has forced the president鈥檚 hand.”

Contributing: The Associated Press; Steve Coogan