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President Joe Biden announced executive measures on Tuesday to temporarily suspend the entry of noncitizens at the southern border and bar asylum claims from those crossing illegally — measures that the American Civil Liberties Union immediately vowed to challenge in court.

Biden Halts Noncitizens' Entry At Southern Border : New Measures and Their Implications

According to the White House, the new measures will enable the quick deportation of noncitizens who have no legal basis to remain in the U.S. to either Mexico or their home countries. "These measures will significantly increase the speed and scope of consequences for those who cross our borders irregularly or who attempt to present themselves at ports of entry without authorization, allowing the [U.S. Department of Justice and Department of Homeland Security to more quickly remove individuals who do not establish a legal basis to remain in the United States," the White House stated.

Criteria for Asylum and Deportation

The partial asylum shutdown will remain in place until two weeks after the average of daily illegal border crossings drops to below 1,500 between ports of entry. The restrictions will be triggered again if the weekly average of daily border encounters tops 2,500, the White House said.

Under the new measures, migrants who claim a credible fear of persecution or torture will be screened by asylum officers but will face a heightened standard for protection. Those who fail to show a reasonable probability of harm will be promptly deported.

Biden Halts Noncitizens' Entry At Southern Border : Exemptions and Legal Basis

The new process will exempt lawful permanent residents, unaccompanied minors, victims of "a severe form of trafficking," and those with a valid visa or other forms of lawful permission to enter the U.S., the White House said.

The executive action relies on Section 212(f) of the Immigration and Nationality Act, which President Donald Trump relied on in several attempts to limit asylum at the southern border. Those attempts were blocked by federal courts in litigation brought by the ACLU.

Legal Challenges Ahead

Lee Gelernt, the deputy director of the ACLU's Immigrant Rights Project, said Tuesday that the Biden administration can also expect a lawsuit over the new measures. "We intend to challenge this order in court. It was illegal when Trump did it, and it is no less illegal now," Gelernt said in a statement.

Biden Halts Noncitizens' Entry At Southern Border : Conclusion

Biden's decision to halt noncitizens' entry at the southern border marks a significant policy shift aimed at curbing illegal immigration. However, it is poised to face immediate legal challenges, as the ACLU prepares to take the matter to court.