President Biden’s road to a dramatic executive order to stem illegal border crossings — now expected within weeks — has dragged out for months as he prepares for legal challenges, political backlash and enforcement shortages.
With Republicans making the border a top 2024 issue, Biden has been trying to find the right language to impose a crackdown without getting instantly shut down by courts — or facing an open revolt by his progressive base.
If he pulls the trigger, Biden would rely on the same section of the federal code, known as 212(f), that former President Trump used against immigration — including his so-called Muslim ban and an ultimately unsuccessful ban on asylum seekers.
The stakes are high for what one Biden administration official called the “nuclear option” on the border.
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