President Joe Biden’s fake immigration order allows illegal migrants with “unusual levels of silence” and “incoherent speech patterns” to evade immediate deportation, along with dozens of other exceptions undermining border security. Tuesday’s announcement, entitled “A Proclamation on Securing the Border,” was made amid record-breaking waves of illegal migrants entering the United States via its southern border.
The executive order took effect overnight on Wednesday, when it supposedly “suspended and limited” noncitizens from entering the United States. In reality, the order is littered with loopholes and exceptions that will allow migrants to continue illegally entering the country by the millions.
Loophole No. 1: “Border securing measures” will be tossed out when illegal migrant numbers show signs of decline.
In section two of the order, President Biden instructs the Secretary of Homeland Security Alejandro Mayorkas to abandon the executive order’s limitations on illegal immigration when the number of “encounters” averages less than 1,500 per day. It’s nearly halfway through the order before it explains when the purported “border securing measures” are going to cease.
“Encounters” refers to two types of interactions at the southern border. The first is apprehensions by U.S. Border Patrol, which are the arrest of an illegal migrant. The second is inadmissibles, which includes illegal migrants who are encountered at the border who fail to meet criteria for legal entry or humanitarian protection. Since January, encounters at the southern border have reached more than 1.5 million illegal migrants.
This loophole ensures Biden’s order will no longer be enforced as soon as it reduces illegal migration, completely undermining border security.
Loophole No. 2: Entry limitations won’t apply to migrants falling into sweeping exception categories.
The executive order provides broad allowances for illegal migrants with “various urgent considerations” and vague “humanitarian and public health interests.” Immigration officers can also allow migrants into the country based on ambiguous “operational considerations.”
Limitations on entry also won’t apply to unaccompanied children. Although Democrats attempt to paint these types of exceptions for unaccompanied minors as compassionate and values based, they put children in danger.
In 2023, The New York Times reported the Department of Health and Human Services was unaware of the whereabouts of tens of thousands of migrant children who had been placed into their custody. Others still are exploited by illegal migrants who view children as their ticket into the country. Many of these children are likely enslaved, sexually and otherwise.
“[Illegal aliens] were coached and mentored and given what to say by the cartels and the human smuggling organizations: You grab a kid, and that is your U.S. passport,” Mark Morgan explained in a news conference while acting commissioner for U.S. Customs and Border Protection. “That will guarantee you entry into the United States. And guess what, they were right.”
Not only do these vague exceptions further ensure the executive orders’ limitations won’t actually apply to thousands of lawbreaking foreign citizens, they also endanger migrants.
Loophole No. 3: Internal Memo Carves Out Dozens of Ways Migrants Can Avoid Deportation
An internal memo from Immigration and Customs Enforcement indicates the Biden administration carved out further exceptions behind the scenes. Even if illegal migrants do not meet the vague exceptions listed above, they can avoid immediate deportation by claiming “fear of return.” Agents are instructed to listen for statements as vague as, “I am afraid to go to [country]” and even non-verbal “changes in tone of voice, incoherent speech patterns, panic attacks, or an unusual level of silence” to determine whether an illegal migrant should avoid deportation and be referred for a “credible fear interview.”
This loophole extends deportation exceptions far past usual asylum criteria, which soley extend to foreign citizens who “have suffered persecution or fear that they will suffer persecution due to: race, religion, nationality, membership in a particular social group, [or] political opinion.”
The Executive Order Is Fake Border Protection
This slew of exceptions reveals what many suspected: the order is chock-full of loopholes undermining Biden’s claimed intent to limit illegal immigration.
“President Biden believes we must secure our border,” claimed a White House fact sheet this week. A closer inspection reveals this is not the case. Biden’s executive order is a border security mirage intended solely to advance Biden’s reelection campaign by “fixing” a border crisis he created using power he previously claimed not to have.
Monroe Harless is a summer intern at The Federalist. She is a recent graduate of the University of Georgia with degrees in journalism and political science.
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