Biden’s Executive Order on Right to Asylum Creates Legal Issues in Texas

(NEW) U.S. President Joe Biden Joins Governor Kathy Hochul and New York State Democrats At Campaign Rally. November 6, 2022, Yonk, New York, USA: The U.S. President Joe Biden Joins Governor Kathy Hochul and New York State Democrats for a "Get Out The Vote" rally to elect Governor Kathy Hochul for a full term at Sarah Lawrence College in Yonkers, New York. Credit: M10s/TheNews2

Those who disagree with President Joe Biden’s ideas regarding illegal immigration are already using the courts to push for a more stringent policy at the southern border.

A Texas attorney representing the Lone Star State in its battle to keep concertina wire along a section of the U.S.-Mexico border contended Thursday in a lawsuit filed by Gov. Greg Abbott that Biden’s broad executive order to suspend the right to seek asylum undermines prior administration legal arguments.

According to Texas Solicitor General Aaron Nielson, who testified before the 5th Circuit Court of Appeals, Biden’s decision, which bars the majority of migrants from claiming asylum unless specific requirements are met, runs “flatly counter” to the legal arguments put forth by the Justice Department in the case earlier.

The government would suspend the right to seek asylum, with few exceptions, under Biden’s proposal, which went into effect at 12:01 a.m. Wednesday, if the number of persons caught between the ports of entry hits 2,500 for seven consecutive days. When the count falls below 1,500, the suspension will be lifted. The United States has essentially ceased accepting new claims outside of ports of entry as the initial prerequisites have already been satisfied.

The government can make exceptions in circumstances of extreme humanitarian need, and the executive order, which was released on Tuesday, does not apply to unaccompanied youngsters.

According to immigrant rights organizations, the new Biden restrictions breach current law and international obligations, and they have pledged to oppose them. Because of ongoing litigation over certain asylum boundaries and ongoing or appealed lawsuits over regulations enacted under the Trump administration, the precise shape that these legal challenges will take is unknown.

On the other hand, Republican state leaders and their lawyers will undoubtedly keep suing Biden because, according to Thursday’s arguments before the 5th Circuit, he isn’t doing enough to curb unchecked immigration from Mexico.