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US President Joe Biden AFP

A top Democratic lawmaker has questioned U.S. President Joe Biden's ability to enhance security at the U.S.-Mexico border through executive action.

Senator Chris Murphy, who played a key role in negotiating a bipartisan border security bill earlier this year, said there should be legislative action in Congress to address the issue effectively, according to Reuters.

Speaking on CBS News' "Face the Nation," Murphy said there are concerns that sweeping executive actions by Biden would likely face challenges in U.S. courts. He suggested that any substantial changes to border security policy should be pursued through legislative channels.

"The president has such limited ability to issue executive orders that would have an impact on the border. He can't conjure resources out of thin air," Murphy said.

"If he were to try to shut down portions of the border, the courts would throw that out, I think, within a matter of weeks."

President Biden, who is seeking re-election as a Democrat in the upcoming November 5 elections, has indicated his administration's exploration of executive actions to potentially regulate migrant flow at the border, particularly after Republicans rejected the bipartisan Senate bill earlier this year. The rejection came following opposition from former President Donald Trump, Biden's Republican opponent.

Despite attempts to advance bipartisan measures, Senate Republicans blocked the bill once again last week.

Republican House Speaker Mike Johnson criticized the bill, arguing that it fails to adequately secure the border and could encourage further illegal immigration.

While the number of migrants apprehended crossing the U.S.-Mexico border has declined compared to a monthly peak in December, U.S. officials attribute this trend partly to heightened enforcement efforts by Mexico.

Senator Murphy acknowledged the role of "smart, effective diplomacy" between the U.S. and Mexico in contributing to the decrease.

However, he cautioned that the decrease may not be permanent and added that illegal crossings remain substantially higher compared to a decade ago.

"We have to just recognize that without updating the laws of this country, without surging more resources to the border, we can't count on the numbers staying as low as they are today," Murphy said.

"And remember, today you have about 3,000 people crossing at the border on a daily basis. That's still a high number compared to what we saw 10 years ago."