Presidential Proclamation Limits Southern Border Entries without Documentation

On June 4, 2024, the White House issued a presidential proclamation to temporarily limit the entry of foreign nationals across the southern border of the United States without valid documentation. Effective June 5, 2024, the Biden Administration is prohibiting the entry into the U.S. of any noncitizens attempting to cross any portion of the southern border without going through a designated port of entry. In the proclamation, President Biden explains that the federal government does not have enough resources from Congress to manage the flow of people into the country across the southern border.

Background on Issuance of Proclamation

The U.S. Department of Homeland Security (DHS) issued a regulation in May 2023, named the circumvention of lawful pathways final rule, that states if a foreign national fails to use an existing lawful pathway to enter the United States, even if the person wishes to claim asylum, then the person is presumed to be ineligible. This rule was intended to stem to flow of individuals streaming across the southern border. As noted in the presidential proclamation, however, the number of encounters with undocumented immigrants at the southern U.S. border continues to far exceed the capacity of CBP officers to process them in a timely manner. President Biden also blames Congress for failing to pass legislation that would have provided additional resources to secure the border and argues that this has forced him to take this executive action.

U.S. Citizens and Noncitizens with Entry Documents Exempt from Proclamation

U.S. citizens and lawful permanent residents (i.e., green card holders) are not subject to this proclamation. Similarly, foreign nationals who have a valid entry document, such as a visa “stamp,” or an advance parole document, or visa waiver applicants with ESTA authorization, can request admission per usual. The presidential proclamation also authorizes the DHS and CBP the use their discretion to permit entry into the U.S. to a foreign national who otherwise might be excluded by this proclamation.

Restrictions in Effect Until DHS Decision or Court Order

The presidential proclamation is supposed to remain in effect until 14 calendar days after the DHS makes a determination that there has been a seven-consecutive-calendar-day average of fewer than 1,500 attempts to enter the U.S. without valid documentation through a designated port of entry. However, there almost certainly will be multiple lawsuits filed against the administration in response to the proclamation, so it is possible that a federal court may put a halt to it. The assumption is that the fate of this proclamation ultimately will be decided by the U.S. Supreme Court.

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