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Houston immigration attorneys break down timing of Biden’s asylum cap order

HOUSTON – Discussions surrounding immigration and how to resolve issues at the U.S.-Mexico border seem to always reach an impasse due to adamant opinions. In light of President Joe Biden rolling out an executive order to quell the overwhelming number of migrants entering the U.S., more questions and eyebrows are raised on its efficacy.

MORE: Biden rolls out migration order that aims to shut down asylum requests, after months of anticipation

Biden’s order, according to the White House, would bar migrants from being granted asylum when U.S. officials deem that the southern border is overwhelmed. It will go into effect when the number of border encounters between ports of entry hits 2,500 per day, according to senior administration officials, via the Associated Press. Technically, that means the president’s order should go into effect immediately because the average daily border encounter right now is higher than the new threshold.

The restrictions would be in effect until two weeks after the daily encounter numbers are at or below 1,500 per day between ports of entry, under a seven-day average. Many are calling this unilateral action aggressive, but Biden has contemplated it for months, especially after failed bipartisan border security deals landed nowhere. And because this action is coming during a chaotic election year, many Houston lawmakers have called Biden’s actions politically motivated.

“My question to [President Biden] is, why did you wait until now if you were serious about doing it? The simple answer is he’s not serious about securing the border,” Senator John Cornyn said during a press conference with other Republican leaders. “The simple fact of the matter is that the same laws that were in effect back when President Trump was in office are still in effect, but the difference is the unwillingness of this White House and this administration simply to enforce the law.”

Immigration attorneys Raed Gonzalez and Charles Foster spoke with KPRC 2 digital producer Ahmed Humble moments before the executive order was signed and noted Biden’s timing was certainly convenient, however, action needed to be taken. And regardless of where you stand politically, President Biden seemed to be between a rock and a hard place.

“I think from a political point of view, it is extremely wise and necessary because it is an area in which President Biden is very vulnerable and not being overly political,” Foster said. “From a policy point of view, it’s very important because the alternative - it could be a disaster. So I’m glad he’s doing something that, from a political point of view, can give him some greater, leeway in defending his position, showing that he’s doing something.”

“The toughest border immigration enforcement legislation in history was rejected twice earlier this year, and the administration doesn’t see another way out,” Gonzalez added. “At this point, there’s no real certainty that this can actually be prevailed by executive order, without congressional action. But I believe that the administration has to do something at this point precisely because Congress, did not know anything about it when they did have a chance at an opportunity to do it.”

RELATED: Senate Republicans block bipartisan border package, then scramble to find support for Ukraine aid

In other words, there’s action being taken during a time when discussions surrounding how to handle asylum cases have been spiraling due to failed bipartisan cooperation. It certainly doesn’t help this is arguably made worse during an election year with the former president and presumptive Republican presidential nominee Donald Trump. This sentiment was argued by Houston Rep. Gene Wu on X, formerly known as Twitter, calling out Texas Lt. Governor Dan Patrick.

“It gives the president the opportunity to say, ‘OK, you won’t give me the legislation; I’m trying everything; I’m trying this executive, action on this,’” Foster explained. “I think there’s a high probability that one or more, U.S. district courts would enjoin that it may never go into effect. But again, it puts him in a position saying, ‘I’m doing everything I can.’”

“I’m not really sure how that is going to play out in the end. But this is doing something. And who could really actually act on it and change the law and give him all of this authority as Congress,” Gonzalez added. “So I really don’t understand at this point, why this is still happening but the president has to issue an executive order, it is when Congress could have taken care of this long term.”

More reaction to Biden’s border order

U.S. Senator Ted Cruz

“I’m glad that Joe Biden has finally admitted he had the power to act on the border all along. Unfortunately, this is too little too late. The Biden administration is panicking because their border policies have led to unchecked illegal immigration, which was by design, but the American people don’t like it. This executive order is about the Biden administration trying to give themselves political cover ahead of the election in November, and it won’t work. The executive order will still allow thousands of illegal aliens to come across the border per day. That’s absurd, and the American people won’t buy it.”

Watch the full conversation with Foster and Gonzalez in the video above. The Associated Press contributed to this report.


About the Author
Ahmed Humble headshot

Historian, educator, writer, expert on "The Simpsons," amateur photographer, essayist, film & tv reviewer and race/religious identity scholar. Joined KPRC 2 in Spring 2024 but has been featured in various online newspapers and in the Journal of South Texas' Fall 2019 issue.

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