The executive order authorizes the secretaries of the Department of Homeland Security (DHS) and the Department of Defense (DOD) to order to active duty reserve troops as they “consider necessary.”
That executive order from 2021 authorized the Treasury Secretary to impose sanctions on foreign persons involved in global illicit drug trafficking.
DHS, State Department Announce ‘Sweeping’ New Measures
The Biden administration also on Thursday announced “sweeping” new measures to “further reduce unlawful migration across the Western Hemisphere” after the Title 42 public health order ends.“But the lifting of the Title 42 order does not mean the border is open,” according to a DHS fact sheet announcing new measures. “When the Title 42 order lifts at 11:59 PM on May 11, the United States will return to using Title 8 immigration authorities to expeditiously process and remove individuals who arrive at the U.S. border unlawfully.”
Title 8 consequences for unlawful entry include a five-year ban on reentry and potential prosecution for repeat offenders.
“The return to processing under Title 8 is expected to reduce the number of repeat border crossings over time, which increased significantly under Title 42,” DHS officials say in the fact sheet. “Individuals who cross into the United States at the southwest border without authorization or having used a lawful pathway, and without having scheduled a time to arrive at a port of entry, would be presumed ineligible for asylum under a new proposed regulation, absent an applicable exception.”
DHS and the State Department say the measures will be implemented in “close coordination” with Mexico, Canada, Spain, Colombia, and Guatemala. The agencies call on Congress to take action, stating Congress “alone” can provide reforms and resources to manage the “migration challenge.”
Measures announced by DHS and the State Department include stiffer consequences for failing to use lawful pathways, expedited removal, the launch of an anti-smuggling campaign in the Darien corridor, and additional “lawful pathways” for entry including expanded access to the CBPOne App and new family reunification parole processes.
Another effort the agencies announced is to combat smuggler “misinformation.”
“Smugglers are already ramping up misinformation campaigns to profit off of vulnerable migrants ahead of the return to Title 8 processing. To combat this misinformation, State’s diplomatic missions across the hemisphere are broadcasting accurate information about U.S. migration laws and engaging with a wide spectrum of regional audiences to counter smuggler narratives.”
House Republicans Introduce Plan
The backlash to President Biden’s policy related to the southern border has been increasing more so in recent months, following the Republicans regaining a majority in the House of Representatives.Homeland Security Chairman Rep. Mark Green (R-Tenn.) said since Biden took office in January 2021, more than 6 million illegal immigrants have come across the United States border, which is more than the population of 25 states and more than all the illegal immigrants under the Obama and Trump administrations combined.
The Border Reinforcement Act of 2023 (H.R. 2794) would provide solutions to restore order at the Southwest border and prevent future harm to operational preparedness to the country’s northern and marine borders.
The act proposes resuming the border wall’s construction and expanding Border Patrol’s staff to 22,000 agents to address frontline needs, and prioritizes updating and improving CBP technology to keep field agents safe.
It would also require DHS to reveal to Congress and make public all monthly statistics, including monthly known “gotaways” figures.
Additionally, it provides retention bonuses for U.S. Border Patrol agents who achieve specific conditions to safeguard the nation, and funds local law enforcement in land and marine border states to improve border security.