As President Joe Biden explores the option of executive action to address the border crisis, a recent New York Times report suggests that potential legal challenges from liberal organizations could, ironically, benefit him politically. Sources indicate that Biden is contemplating using executive powers similar to those employed by former President Donald Trump, which prompted lawsuits from progressive groups during Trump’s tenure.
The American Civil Liberties Union (ACLU) has acknowledged the possibility of suing Biden over potential executive action, depending on the policy details. Engaging in a legal battle could serve as a strategic move for Biden, allowing him to shift blame to Republicans for their perceived inaction on border issues. Biden has consistently blamed the GOP and Trump for the chaotic state of the southern border, citing a lack of legislative support.
The New York Times posits that, regardless of the legal outcome, a legal fight could help Biden neutralize a significant political vulnerability—the perceived disorder at the southern border. By highlighting Republicans’ refusal to grant him legislative power for border enforcement, Biden could potentially regain political ground. Democratic strategist Brad Bannon sees this scenario as a “big plus politically.”
While acknowledging that the proposed executive action might resemble Trump’s unsuccessful attempt, the report emphasizes that Biden’s move could be distinct. The courts previously rejected Trump’s policy of denying asylum based on entry methods. The potential success of Biden’s strategy, both in court and politically, remains uncertain.
January witnessed a record number of migrant encounters at the U.S.-Mexico border, surpassing figures from previous years. The Biden administration initially proposed a $60 billion aid package for Ukraine, sparking debates in Congress over border priorities. Republican lawmakers argue that the administration is misplacing its focus on foreign issues.
Biden’s approach, if implemented, is expected to face legal scrutiny, echoing past legal battles over border policies. The report suggests that Biden might use the legal challenge to underscore his efforts and emphasize the constraints imposed by Congress. Democratic strategist Leslie Marshall notes that, strategically, Biden could leverage the situation by presenting concrete numbers and highlighting his actions within the confines of legislative limitations.
In navigating potential legal hurdles, Biden seeks a balance between addressing border concerns and capitalizing on the political opportunity to shift blame. The outcome of this strategic move will depend on various factors, including the specific executive action details and the subsequent legal and political developments.
