In a challenging situation, the Biden administration and Congress find themselves at odds over policy changes and funding related to the southern border. The White House is unable to implement new policies without additional funds, while House Republicans are unwilling to unlock funding without significant changes to U.S. immigration policy.

According to three Biden administration officials, the Department of Homeland Security (DHS) has drafted potential unilateral actions, such as expediting deportations for certain migrants. However, these policies have been shelved due to a lack of manpower within DHS to carry them out.

Initially, the Biden administration had requested just over $13 billion from Congress to boost resources at the border. However, after Republicans blocked a bipartisan Senate bill addressing immigration and border policy, the national security package passed by the Senate on Tuesday did not include any funding for the border.

Recognizing the urgency of the situation, President Joe Biden has been engaging in near-daily meetings with top aides to address border security issues. He emphasizes the need for solutions that do not rely on Congress, as "Congress controls the purse strings," according to a source involved in the negotiation process.

Immigration and Customs Enforcement (ICE) is forecasting a budget shortfall of over $500 million if Congress continues funding through a continuing resolution without providing a boost to ICE and other areas of DHS. This shortfall could potentially result in key operations like deportation flights and detention scaling back by May, warn DHS officials.

There is a consensus within the Biden administration that executive actions are necessary to tackle the surge in migrant crossings along the southern border. However, there is disagreement between some in the White House and DHS about the best course of action, particularly given the heightened political environment leading up to the November election.

The government funding bills, expected to be addressed in the first week of March, present another opportunity to address border resources. Negotiations between the "four corners," representing House and Senate appropriations, are currently ongoing. However, concrete limits imposed by the Fiscal Responsibility Act restrict the amount of funding Congress can appropriate for nondefense discretionary spending, which includes most of DHS funding.

House Republicans, who played a role in blocking the Senate's bipartisan immigration overhaul bill, are pushing for their own partisan border security bill, HR2, which is unlikely to pass the Democratic-controlled Senate. Without a bill agreeable to hard-liners, House Republicans are unlikely to support additional funding.

While President Biden could potentially reallocate funding from one agency to another, such as increasing detention beds, he may face litigation, as his predecessor Donald Trump did when he diverted military construction funds for the border wall.

The first week of March coincides with Biden's State of the Union address, where border security and immigration are expected to be key topics. The President has criticized Trump and "MAGA Republicans" for derailing the bipartisan deal in Congress. However, senior White House officials acknowledge that messaging alone will not suffice, and tangible action at the border is necessary.

DHS officials warn that a continuing resolution funding bill maintaining current levels of funding for border operations would still not be enough to evade budget shortfalls. In recent years, the agency has already reprogrammed funds from less essential areas to prioritize apprehending unauthorized migrants crossing the U.S.-Mexico border. However, a substantial increase in new funding is crucial to prevent ICE and Customs and Border Protection from reducing core operations by May.