In a move to address the ongoing challenges at the U.S.-Mexico border, President Biden is expected to announce a plan on Tuesday to temporarily seal the border and restrict asylum for immigrants. The plan entails issuing an executive order that would shut off access to the U.S. asylum system when illegal border crossings exceed a daily threshold.

The order, according to anonymous administration officials and individuals familiar with the matter, would lead to the return of migrants to their home countries or Mexico, rendering them ineligible for asylum consideration once the predetermined limit is surpassed. The decision to implement this measure has been under consideration by the Biden administration since the failure of bipartisan border legislation earlier this year.

Recent government data reveals that illegal crossings along the U.S.-Mexico border have consistently averaged more than 3,500 in recent weeks, surpassing the expected average cap of 2,500 to 3,000 daily crossings. As a result, President Biden's forthcoming order is anticipated to have an immediate effect on the situation.

Parallel to the approach taken during the peak of the COVID-19 pandemic, officials state that the expected order will involve the rapid expulsion of migrants and the turning away of asylum seekers who arrive illegally. However, challenges persist, including a lack of detention space, transportation capacity, and asylum officers at the border.

While the failed border legislation sought to provide additional funding for deportation capacity and asylum processing, it was rejected by Republican lawmakers following opposition from former President Trump. This development puts President Biden in a political bind, as the border issue continues to be of utmost importance to voters.

It is noteworthy that President Trump had previously attempted to curtail migrants' access to U.S. asylum protections, but those measures were blocked in federal court in 2019. Experts suggest that Biden's executive order will likely face similar legal challenges.

Although the forthcoming executive order lacks detailed information on additional resources, experts, including Kathleen Bush-Joseph from the nonpartisan Migration Policy Institute, emphasize that without extra funding, the challenges faced by past asylum restrictions may persist.

Officials with knowledge of the order affirm that migrants who express a fear of persecution if returned to Mexico will remain eligible under the Convention against Torture and other protections provided by U.S. law. However, it remains uncertain whether Mexican authorities will increase their willingness to accept significant numbers of migrants from around the world.

Over the years, U.S. authorities have recorded around 2 million illegal crossings annually along the southern border since 2021, reaching record levels. Migrants from various countries, including China, India, and Venezuela, have been arriving in unprecedented numbers. Criminal organizations in Mexico often guide these migrants to the U.S. border, where they surrender to U.S. border agents and express their fear of persecution, initiating the process of seeking U.S. asylum.

Though the upcoming executive order signals increased cooperation on immigration enforcement between the United States and Mexico, there have been limitations on the number of returns accepted by Mexico. Claudia Sheinbaum, Mexico's first female leader, who will be inaugurated on October 1, has pledged to continue cooperation with the United States on migration.

While President Biden has adopted a rhetoric similar to that embraced by Trump on immigration, critics argue that his increasingly tough stance on the border may contradict his promise to adopt more humane immigration policies. Nonetheless, the White House affirms that Biden will continue to explore various policy options to address the migration challenge.

As the president prepares to make this significant announcement, it remains to be seen how effective these measures will be in addressing the complex issue at the U.S.-Mexico border while striking a delicate balance between enforcing immigration policies and respecting humanitarian considerations.