(NewsNation) — President Joe Biden is looking into whether he can shut down the border, with Biden telling Univision on Tuesday that he is also refusing to give up on legislation around border policies.

Border crossings have surged recently and Republican governors in border states have been outspoken about blaming the problem on the Biden administration’s policy for the increase. One particular focus has been the Biden administration’s switch from Title 42 to Title 8.

While Title 42, a World War II-era policy put into place during the pandemic by former President Donald Trump, allowed border agents to expel migrants more easily, those were not official removals as with Title 8. Without an official removal, there is no penalty for those who return and attempt to cross again, while under Title 8, there is the possibility of criminal penalties.

Biden said he is looking into whether he has the executive authority to shut down the border due to the influx of crossings but also made it clear he had not made a final decision. If issued, an executive order would reportedly be done by the end of the month.

“There’s no guarantee that I have that power all by myself without legislation. And some have suggested I should just go ahead and try it,” Biden said in the interview. “And if I get shut down by the court, I get shut down by the court.”

Biden also placed blame for the current situation on Trump, pointing to a bipartisan deal crafted by Republican and Democrat senators that would have increased resources for border enforcement while also authorizing foreign aid to Israel, Ukraine and Taiwan.

The legislation had momentum in the Senate until Trump came out in opposition to the bill and urged Republicans to vote against it, leading to the legislation’s demise.

Biden said the legislation was a good bill and he isn’t giving up on efforts to get changes made, criticizing Trump for politicizing policies instead of judging them on their merits.

“What happened was when Trump found out that I liked it and I supported it, and I’d get, quote, credit for it, he got on the phone, not a joke, checked with the Republicans and called them and said, don’t be for it, will benefit Biden,” Biden said. “When the hell would you vote on a major piece of legislation based on whether you benefit somebody that’s in politics?”

The border has continued to be a key issue during this election cycle and is one voters identify as important when it comes to casting their ballot.