Subject: Re: Biden's EO on the border
Republicans are to blame, at least most recently. Both parties have been negligent for 40 years or more. But the Reps blew it up most recently.

The statute you cited is rather vague. And it doesn't mention asylum-seekers, which is covered by the Geneva Convention. So he would have to demonstrate a "detriment", first, and then show that we can ignore the GC as a result. More specifically, he would have to convince a court when this gets challenged.