Three roadblocks holding up Biden cracking down on the southern border

President Joe Biden is expected to use his executive order powers to curb illegal border crossings on the southern border in the coming weeks. 

A more muscular step by the president has been considered for months, but multiple roadblocks have prevented Biden from issuing one. Republicans have made the border a top subject in 2024, and Biden has been trying to find the right way to address it. 

While illegal border crossings dropped in January and have remained relatively low compared to the rest of his tenure, Biden is looking for solutions within his powers. However, relying on the same executive power that then-President Donald Trump pointed to as a way to issue his “Muslim ban” has several problems, both politically and legally.

Court conundrum

If Biden issues an executive order, he will be relying on federal code Section 212(f),
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