A congressional aide with knowledge of the deliberations said the Biden administration has yet to make a decision, but raising the bar on asylum and deporting more newly arrived migrants are considered “low hanging fruit” and actions that can be taken quickly.
The three U.S. officials said it is unclear whether the policies would be achieved through executive order or a new federal regulation, which could take months to implement.
Making it harder to claim asylum and fast-tracking migrants for deportation are not new ideas, but they are being considered more seriously as the Biden administration looks for ways to tamp down chaos at the border after Republicans blocked border security provisions in the National Security Supplemental bill earlier this month.
Without the bill, any action the president takes unilaterally will be limited in scope because the Department of Homeland Security is short on funding.
ICE is currently facing a budget shortfall of more than $500 million and may have to start cutting key services by May without more money from Congress, sources told NBC News last week.
One DHS official expressed skepticism over the “last in, first out” policy because it would leave millions of migrants already in the U.S., including thousands of homeless migrants in major cities, in a long legal limbo as their immigration cases are pushed to the back of the line.
A spokesperson for DHS emphasized that Congress should still act to avoid compromising border enforcement.
“If Congress once again refuses to provide the critical funding needed to support DHS’s vital missions, they would be harming DHS’s efforts to deliver tough and timely consequences to those who do not have a legal basis to remain in the country,” the spokesperson said. “There are real limits to what we can do given current funding because Congress has failed to pass a budget or respond to the President’s two supplemental budget requests. We again call on Congress to act and provide the funding and tools our frontline personnel need.”
