The White House is considering executive action to restrict migrants’ ability to seek asylum at the US-Mexico border if they crossed illegally – a maneuver reminiscent of controversial action from the Donald Trump era and is sure to invite fierce backlash from immigration advocates and progressives.
In 2018, Trump tried to use 212f, which gives the president broad authority to implement immigration restrictions to restrict border crossings. But ultimately, a federal appeals court ruled that the authority conflicts with asylum law and the 212f authority doesn’t override it. The case – known as East Bay Sanctuary Covenant v. Trump – served as an example of why the president is limited in his ability to shut down the border.
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