The White House is negotiating a deal with the Democratic-controlled Senate on border security legislation, but it is at odds with the House over who has the ability to solve the immigration crisis in the first place.
House Speaker Mike Johnson (R-Louisiana) has signaled he is prepared to reject a bipartisan compromise that is still being negotiated, giving the president a unilateral approach to enforcing existing border and immigration policies. I have told President Biden several times that I have the authority to do so.
But Biden officials argue that the legislative route through Congress would result in a more comprehensive and permanent solution.
Fox News Digital spoke to several experts who are similarly divided on where the real power lies to resolve the crisis. Those who believe it is up to Congress, citing its constitutional role in determining U.S. policy.
The border deal could cost more than $14 billion, but Republican lawmakers are uneasy about the bill’s text.
House Speaker Mike Johnson said the border agreement bill being negotiated between President Biden and the Senate is “dead on arrival” in the House. (Getty Images)
“Immigration law in the United States is clearly a federal issue, and both Congress and the executive branch have a role to play,” said Erin B. Corcoran, executive director of the Kroc Institute for International Peace at the University of Notre Dame.
“However, permanent changes in federal law and funding for immigration enforcement are the responsibility of Congress. Our immigration system requires significant reform by Congress, and such reform must come from Congress. It must be done.”
Corcoran noted that Congress controls legal permanent residence and citizenship issues, and that the president acts based on the authority given to him by Congress.
Aaron Reichlin-Melnick, policy director at the American Immigration Council, similarly argued that the president cannot unilaterally shut down immigration at the border.
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“The reality is that no president can detain or deport all immigrants who cross the border unless Congress provides new powers and significantly increases funding.” Ta. “Even if Congress grants such authority, diplomatic realities may preclude its use. For example, if Mexico refuses to accept individuals expelled from the United States, expulsion authority would have little impact. It won’t affect you.”
Josh Blackman, a professor at South Texas College of Law’s Houston School of Law, argued that this was a combined effort from both branches.
“To address the border situation, the president may implement current law more aggressively,” he said. “Permanent legislation would likely improve it.”
Texas National Guard members stand by near the Rio Grande River boat ramp for law enforcement at Shelby Park in Eagle Pass, Texas, on January 26, 2024. (Michael Gonzalez/Getty Images)
Meanwhile, those who believe Biden has the power to act cited his past executive actions and policy decisions on issues such as immigration.
“There’s no question that President Biden could do more on the border, and that his policies and past statements have fueled this crisis,” said Jonathan Turley, a Fox News contributor and Georgetown University law professor. he said. “On issues such as student loan forgiveness, the administration has shown boundless creativity and energy in pursuing its objectives… Immediately after his inauguration, President Biden announced measures aimed at stemming the flow of illegal immigration. and canceled the policy.”
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But Turley added, “The border bill will definitely strengthen those efforts by adding immigration agents, border officials and barriers.”
Hans von Spakovsky, senior legal fellow at the Heritage Foundation, said: “The president already has all the power and authority necessary under current immigration laws to secure our borders. “His deliberate and intentional policy of denial has led to the current situation.” crisis. “
Legal scholar and Fox News contributor Jonathan Turley said it is the White House’s role to enforce existing border policies. (Fox News)
“It included granting mass parole to foreigners who entered the country illegally instead of immediately deporting them, and restoring the ‘catch-and-release’ policy abolished by the Trump administration, which helped prevent fraud. “It includes ending the ‘Remain in Mexico’ policy. I am applying for asylum,” he said.
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The White House and the House speaker were locked in a bitter spat over the issue until Monday.
President Biden’s press secretary, Karine Jean-Pierre, released a memo saying, “If Chairman Johnson, like President Biden and Republicans and Democrats in Congress, continues to believe that immediate action on the border is urgent. Chairman Johnson should give this administration more power.” And the funds we are requesting to secure our borders. ”
In response, a spokesperson for Mr Johnson told Fox News Digital: “With the stroke of a pen, he will begin by restoring Remain in Mexico, ending catch-and-release, and reforming asylum and parole standards.” “His refusal puts our national sovereignty at risk.”
