In a recent development, congressional Republicans are claiming that President Joe Biden already possesses the authority to halt the influx of migrants through the U.S.-Mexico border, despite a bipartisan deal negotiated by the president possibly facing defeat. However, the true extent of Biden's powers to control migration is far more complex.

Experts point out that without changes to immigration laws and additional funding to manage the increasing number of migrants arriving at the Southern border, most of Biden's attempts to address the situation may have limited impact, similarly to his predecessors. Kathleen Bush-Joseph, a lawyer and policy analyst at the nonpartisan Migration Policy Institute, explains that "President Biden needs Congress to be able to address the situation at the border."

A $118 billion bipartisan proposal in Congress aims to revamp the asylum system by facilitating faster and stricter enforcement. It also grants new powers to presidents to expel migrants immediately if authorities become overwhelmed by the number of asylum seekers. Additionally, the proposal includes a significant $20 billion increase in funding.

The comprehensive package, which also covers wartime aid for Ukraine, Israel, and other U.S. allies, holds the potential to be the most substantial immigration legislation in a decade, with the capacity to transform some of the most challenging border issues. However, there is strong opposition from Donald Trump's associates, primarily driven by the Republican presidential frontrunner's reluctance to allow Biden a win on immigration, as it could become a major talking point during the campaign.

House Speaker Mike Johnson announced that the bill, in its current form, would not be brought to the House floor. Johnson expressed concerns that it would act as a "magnet" for illegal immigration, highlighting loopholes in the authority to shut down asylum and the continuation of the release of migrants into the U.S. Instead of relying solely on Biden's abilities, Johnson emphasized the need for extraordinary funding as well.

Elise Stefanik, a Republican from New York, even went as far as stating, "Biden has the power to end the border crisis without Congress. He just doesn't want to." However, experts highlight that immigration officials lack expanded detention capabilities without additional funding and cannot hold families in detention longer than approximately three weeks due to a longstanding policy. Moreover, mixing single adults and family units in detention is prohibited for safety reasons.

Despite the challenges, Biden has used his executive powers extensively to address the border situation. Since taking office, his administration has implemented over 500 executive actions on immigration, surpassing Trump's four-year total. While some policies have shown success, the number of border crossings continues to rise at record levels.

Biden's approach has involved combining new humanitarian pathways for migrants with stricter border enforcement measures to deter individuals from making the perilous journey to the U.S.-Mexico border on foot. The administration has also sought to tackle the issue on a global scale through diplomatic efforts and agreements with other nations.

However, the administration's attempts to restrict asylum through a proposed federal rule have been met with litigation, similar to the hurdles faced by Trump during his presidency. Experts note that congressional action to support these changes would reduce the frequency and success of such lawsuits, while additional funding could help alleviate the backlog by hiring more employees.

Contrary to claims that Biden could simply shut down the U.S.-Mexico border, experts argue that doing so would result in significant economic losses and violate international laws governing the treatment of refugees. Moreover, reinstating certain policies, such as the Title 42 and "Remain in Mexico," would require specific justifications and cooperation from other nations, which may face their obstacles.

The bipartisan bill has garnered support from a wide range of stakeholders, including the Border Patrol union. However, some Democrats and immigrant advocates argue that it is overly restrictive and undermines the U.S.'s role as a refuge for refugees.

Biden himself has acknowledged that the bipartisan bill represents the most promising effort so far in addressing the escalating migrant flow that has strained an already broken system. He has even adopted Republican language, expressing his willingness to "shut down the border" when provided with the necessary authority. In response to the potential lack of support from Congress, Biden questioned why lawmakers were hesitant to provide him with the tools needed to manage the growing crisis and accused Republicans of being too afraid to defy Trump on such a critical issue for the country and the world.