Alejandro Mayorkas, the Secretary of Homeland Security, is currently overseeing the process of reopening the border and managing asylum claims for individuals attempting to cross illegally. The rules in place require a specific threshold to be met before allowing such claims, including seven consecutive days and an additional 14 days thereafter. This means that regardless of the circumstances, a minimum of 21 days is needed before further actions can be taken.
These regulations are directly influenced by the situation at the southern border and the available resources. Despite efforts to secure additional funding for border security, Congress has not taken action to provide the necessary support. In response to this lack of resources, President Biden took executive action to enhance security measures.
Last year, in August and October, the President requested additional resources for the Department of Homeland Security, as well as the Departments of Justice and State, which are also involved in immigration law administration. A bipartisan Senate legislation was proposed to allocate the needed resources, but it was not approved in time.
Had the legislation been passed, the departments would have been adequately funded to address the ongoing challenges at the border. However, due to the absence of congressional support, the President had to resort to executive actions to strengthen security measures and ensure the protection of the border.
