Sources say the Biden Administration is thinking about setting a daily limit on how many migrants can enter the U.S. Once this limit is reached, asylum requests and migrant entries would stop for the day. This idea is part of a bipartisan bill that has not passed yet due to lack of support.

Even though illegal crossings at the southern border have gone down in recent months, immigration is still a big issue for the upcoming November 2024 presidential election. There has been an increase in asylum cases over the past year. To address this, a new Recent Arrivals docket was created to speed up the process of resolving these claims so those who do not qualify are removed more quickly. Migrants seeking asylum are allowed into the U.S. to wait for their case to be heard in an immigration court. There are currently over 2 million pending immigration court cases. Some asylum cases can take years to be resolved.

The president has broad authority under the Immigration and Nationality Act (INA) Section 212(f) to block migrant entry into the United States if it’s considered harmful to the country’s national interest. The potential migrant limit policy would be put into place through executive action. This can often be challenged in court. The administration is reportedly looking at other options too.

As always, we actively monitor ongoing updates that may affect U.S. immigration policy. If you have questions about any U.S. immigration related issue, contact us. We work with our clients every step of the way.