President Joe Biden’s executive order to curb the large number of migrants illegally crossing the border has been in effect for a little more than 48 hours, but criticism from the left and the right in Congress has been swift.

Biden's executive order says migrants who cross the border illegally will be barred from seeking asylum when the number of illegal entries averages 2,500 a day. With that number now being exceeded, the restrictions kicked in early Wednesday morning.  

The order echoes restrictions former President Donald Trump sought, which Biden criticized at the time.

What You Need To Know

  • President Joe Biden's executive order to curb the large number of migrants illegally crossing the border has been in effect for less than 48 hours, but the criticism has been swift from both the right and the left

  • Republicans are calling it an election year stunt that is too little, too late, while some Democrats are saying the measure goes too far

  • But some Democrats say Congress has left President Biden's hands tied, and that this executive option was the only choice if the legislative body refused to act

  • Biden's executive order says migrants who cross the border illegally will be barred from seeking asylum when the number of illegal entries averages 2,500 a day, similar to restrictions sought by former President Donald Trump

After months of calling on Biden to take executive action on the border, Republicans in Congress are now saying Biden's new policy is too little, too late – calling this an election year stunt.

“To say that you're now wanting to take very slow, incremental steps to mitigate this open border crisis at this point is clearly just for political purposes,” said Rep. Mike Garcia, R-Calif. “It's like having a ten gallon per minute leak under your sink, you've got six inches of water, flooding the entire first floor of your house and saying, ‘Hey, I want to put some…duct tape and start mopping up the water here. ​​That's not the solution.”

Garcia, who serves in a district Biden won, said “the open border is the number one issue” this election cycle.

“This president…so close to election season is now realizing that this is the number one issue. Despite what he's trying to do. He's trying to make it about Trump. He's trying to make it about abortion, he tried to make it about January 6th. He's realizing that the average American, whether Democrat or Republican, and I come from a blue district, I hear from my Democrat supporters as well.”

Some members of Biden’s own party have criticized the order.

Congressional Hispanic Caucus Chair Nanette Barragán, D-Calif., alongside caucus Deputy Chair Adriano Espaillat, D-N.Y., and Whip Sylvia Garcia, D-Texas, called the executive order “deeply concerning.”

“Such measures impede progress and harm migrants fleeing violence and persecution, who otherwise would present a credible and meritorious case for asylum. Enforcement-only strategies have repeatedly proven ineffective and only create more chaos at the border,” they wrote.

“We should foster safe and humane systems for people fleeing their home region due to violence, famine, political instability, or climate change while upholding our current immigration laws and a right to asylum. We encourage the White House to take immediate executive actions that would keep families together by providing relief to long-term immigrants, including protections for spouses of U.S. citizens by providing them work permits, and increased processing resources. We should also prioritize policies that benefit the farmworkers that feed us and allow caregivers in mixed-status families, including Dreamers, to seek relief from deportation.”

But some Democrats, like Rep. Mike Levin, D-Calif., argue Biden has been left with little to no options after Congress failed to pass a bipartisan border bill that was negotiated earlier this year in the Senate but was killed by former President Donald Trump.

“The real world impact of this is not as draconian as some on the left may fear, and it's not as draconian as some on the right may want,” said Levin, who was at the White House Tuesday when Biden announced the order.

“What we desperately need is bipartisan, commonsense, comprehensive reform that includes not only enforcement measures, but also a better path to citizenship for those who are contributing positively to our economy and our society,” he continued. “Far too many politicians are playing politics with the issue of border security. It is a national security issue and must be treated as such.”