Three road­blocks hold­ing up Biden crack­ing down on the south­ern bor­der

Pres­i­dent Joe Biden is expect­ed to use his exec­u­tive order pow­ers to curb ille­gal bor­der cross­ings on the south­ern bor­der in the com­ing weeks. 
A more mus­cu­lar step by the pres­i­dent has been con­sid­ered for months, but mul­ti­ple road­blocks have pre­vent­ed Biden from issu­ing one. Repub­li­cans have made the bor­der a top sub­ject in 2024, and Biden has been try­ing to find the right way to address it. 
While ille­gal bor­der cross­ings dropped in Jan­u­ary and have remained rel­a­tive­ly low com­pared to the rest of his tenure, Biden is look­ing for solu­tions with­in his pow­ers. How­ev­er, rely­ing on the same exec­u­tive pow­er that then-Pres­i­dent Don­ald Trump point­ed to as a way to issue his “Mus­lim ban” has sev­er­al prob­lems, both polit­i­cal­ly and legal­ly.
Court conun­drum
If Biden issues an e …