Biden was caught in a political quagmire, as reflected in headlines: “Migrant Crisis Risks Stalling Biden Agenda,” “Democrats Are Out of Step With Public Opinion on Immigration,” “Democratic Governors Push Biden on Migrants,” and “Border Deal Seems Doomed.”
To get what Republicans wanted, they tied immigration reform and border security passage to funding for Ukraine, Israel, and Taiwan. The once-in-a-lifetime conservative border security deal had the support of Senate Minority Leader McConnell, Majority Leader Schumer, and President Biden.
Former President Donald Trump squashed the deal because he believed that its passage would undermine immigration as an election issue. Trump recognizes that border security resonates with voters in swing states Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin. With Trump’s opposition, the bill lost sufficient Republican support in the Senate, including from Senator McConnell. House Speaker Mike Johnson called it “dead on arrival.” With its demise, the GOP handed President Biden a trump card.
By executive order, the president can declare a national emergency and temporarily close our southern border with the exception of commerce. With his signature, President Biden could seize border security and turn it to his advantage.
In issuing the executive order, President Biden could make clear that border security is Congress’ responsibility. Using the bully pulpit, he could state that he will not sign immigration reform unless it includes a citizenship pathway for Dreamers, among other priorities. The executive order should decouple border security and enhance bipartisan congressional aid for Ukraine, Israel, and Taiwan.
Even if the executive order offended some left-leaning Democrats, they would continue to support Biden given the existential threat to democracy, let alone to a woman’s right to choose, the environment, and other motivating issues. The executive order would reflect presidential leadership, demonstrate resolve to Russia, Iran, and China of America’s support for Ukraine, Israel, and Taiwan, and define border security as a potent presidential election issue.
Malcolm Lazin is a former Assistant U.S. Attorney. He is the recipient of the U.S. Attorney General’s Distinguished Service Award, the Department of Justice’s highest honor. He served as the Chair, Pennsylvania Crime Commission and was the Republican candidate for District Attorney of Philadelphia. In addition to his legal career, Lazin has been a waterfront developer and a nonprofit activist, earning numerous regional, state, and national awards.
