Oklahoma Governor Kevin Stitt (R) has joined Texas Governor Greg Abbott in calling attention to what they perceive as an “invasion” at the southern border. As the White House negotiates a deal on border security legislation with the Democrat-held Senate, it finds itself in a standoff with the House of Representatives over who holds the authority to address the migrant crisis. Speaker Mike Johnson (R-La.) has informed President Biden that he believes the president has the unilateral power to enforce existing border and immigration policy, potentially rejecting the bipartisan compromise still being worked on. However, Biden officials argue that a legislative approach through Congress would provide a more comprehensive and permanent solution.
Experts are divided on where the real power to fix the crisis lies. Some argue that Congress, with its constitutional role in setting U.S. policy, has the responsibility for any permanent changes to federal laws or funding for immigration enforcement. Others, however, believe that President Biden has the authority to act based on his past executive actions and policy decisions on immigration and other matters. The debate centers around whether Congress should provide new authorities and increased funding, or whether the president can enforce existing laws more aggressively.
Erin B. Corcoran, executive director of the Kroc Institute for International Peace Studies at the University of Notre Dame, emphasizes Congress’s control over issues of legal permanent status and citizenship, with the president acting on authorities granted by Congress. Aaron Reichlin-Melnick, policy director of the American Immigration Council, points out that even if Congress provided new authorities, diplomatic realities could hinder their use. On the other hand, Josh Blackman, professor of law at the South Texas College of Law Houston, argues that a mixture of efforts from both branches is needed, with the president enforcing existing laws more aggressively and permanent legislation likely improving the situation.
Contributors like Jonathan Turley, a Georgetown University law professor, believe that President Biden can do more on the border based on his past statements and policies. However, Turley also acknowledges that a border bill would enhance these efforts with additional immigration judges, border agents, and barriers. Hans von Spakovsky, senior legal fellow at the Heritage Foundation, argues that the president already has the power and authority under current immigration law to secure the border, but it is his deliberate and intentional policies of refusing to enforce those laws that are causing the current crisis.
The White House and Speaker Johnson’s office have exchanged criticisms over the issue. Biden Press Secretary Karine Jean-Pierre released a memo stating that if Speaker Johnson believes there is an imperative to act immediately on the border, he should give the administration the authority and funding they are requesting. Johnson’s spokesman responded that with the stroke of a pen, President Biden could take actions like restoring the “Remain in Mexico” policy and ending catch and release, which would address the crisis and protect national sovereignty.
In conclusion, the ongoing standoff between the White House and the House of Representatives over who has the power to address the migrant crisis at the southern border continues. While experts differ on where the responsibility lies, the debate revolves around Congress’s role in making permanent changes to federal laws and funding, and the president’s ability to enforce existing laws more aggressively. Both sides acknowledge the need for comprehensive solutions to the crisis. The issue remains a topic of intense discussion and negotiation in Washington, with the outcome expected to impact border security and immigration policy in the United States.
Elizabeth Elkind is a reporter for Digital, focusing on Congress and the intersection of Artificial Intelligence and politics. Her previous digital bylines can be seen at Daily Mail and CBS News. Follow her on Twitter at @liz_elkind and send tips to [email protected]. Stay updated on the latest from the 2024 campaign trail, exclusive interviews, and more political content.
