Our new office is located at 5901 Old Fredericksburg Road, Building C, Suite 102, Austin, TX, 78749.

Biden’s Groundbreaking Executive Order: Transforming the Future of U.S. Immigration

Biden’s Groundbreaking Executive Order: Transforming the Future of U.S. Immigration

By Brian in Asylum | on 2024-07-08 21:19:02

A cartoon-style illustration of an immigrant family, including a parent and child, standing together with neutral expressions. The background is plain, and there is a sign labeled 'Asylum Office' indicating the direction to seek asylum. The image is simple and minimalistic, focusing on the family and the asylum element.The President of the United States recently signed an executive order aimed at restricting asylum claims for migrants, particularly those crossing illegally. However, the order’s focus on restricting asylum claims has sparked controversy. Immigration rights advocates argue that the order violates long-standing humanitarian protections for vulnerable populations fleeing violence and persecution in their home countries. It could leave asylum seekers facing a more difficult road to claiming asylum and dangerous situations in Mexico while they wait for their cases to be processed.

The Biden administration justifies the new immigration bill by citing the overwhelming number of migrants arriving at the border and the strain it places on resources. However, critics argue that order could have a chilling effect on those with legitimate asylum claims, deterring them from coming forward for fear of being turned away or returned to dangerous situations.

Our team at J. Sparks Law specializes in legal services for Texas asylum seekers, providing the support you need. Discover how this new executive order affects your immigration and why you should hire us for your immigration case.

Key Details of the New Asylum Restrictions

Biden’s new executive order introduces several significant changes to the process of seeking asylum at the southern U.S. border:

  • System for Returning Migrants to Mexico
    • Migrants who cross the border illegally will be returned to Mexico and required to wait until the daily average of asylum seekers drops below a certain threshold.
    • Once the average falls below this threshold, these migrants will be allowed to submit their asylum claims at official ports of entry.
  • Thresholds for Asylum Processing
    • Asylum requests at ports of entry will not be processed if the number of encounters with illegal border crossers exceeds 2,500 per day.
    • The executive order sets lower numerical thresholds for when and how asylum processing would be suspended compared to previous proposals.

Rationale and Context Behind the Order

President Biden cited a lack of cooperation from congressional Republicans as a key reason for issuing the immigration bill. He stated that Republicans left him no choice but to take executive action. The order aims to “significantly increase the speed and scope of consequences” for migrants who cross the border illegally without a “reasonable” asylum request. The order comes after months of record-high illegal border crossings. Although arrivals have recently declined, the Biden administration seeks to deter future illegal entries.

Executive Order’s Impact on Migrants

For asylum seekers in Texas, the new order presents a multitude of challenges:

Expulsion Without Asylum Processing

The new executive order significantly affects the ability of asylum seekers to have their claims processed. Migrants crossing the border illegally may be returned to Mexico, where they must wait until the number of daily asylum seekers decreases. This system could prevent many from even initiating the asylum process, altering their plans and reducing their chances of finding refuge in the U.S.

Family Separations

Family separations may increase as parents might send their children across the border alone to avoid expulsion, given that unaccompanied minors are exempt from the order. Additionally, the living conditions in Mexican border towns, where many migrants will be required to wait, are often poor, with overcrowded shelters and limited access to basic services, impacting their well-being.

Restricted Asylum Access

Asylum seekers arriving at official ports of entry will encounter restrictions if the number of illegal border crossers exceeds 2,500 per day. This threshold is likely to be frequently met, leading to many asylum seekers being turned away or forced to wait in Mexico indefinitely.

Prolonged Waiting Periods 

Migrants who manage to make asylum claims will often be returned to Mexico to await their case processing. The conditions in these border towns are often challenging, with overcrowded shelters and inadequate access to essential services, negatively impacting migrants’ physical and psychological health.

Legal Uncertainty

The executive order faces ongoing legal challenges from immigration advocates and organizations, arguing it violates U.S. and international asylum laws. These legal battles create uncertainty for migrants, making it difficult for them to plan their journeys and understand their rights under the new rules. This uncertainty affects their decision-making and ability to seek refuge effectively.

What Immigration Advocates Are Saying

Immigration advocates have voiced strong opposition to Biden’s new executive order on asylum, highlighting several key concerns:

  • Violation of Asylum Rights: The American Civil Liberties Union (ACLU) has announced plans to sue the Biden administration, arguing that the executive action severely restricts the legal right to seek asylum. They claim the order is similar to the Trump administration’s asylum ban, which was previously deemed illegal.
  • Conflict with International and Domestic Laws: Advocates argue that the order violates both international law and U.S. law regarding the right to seek asylum. They believe it is unlawful to limit asylum eligibility based solely on the number of migrants reaching the border instead of evaluating the merits of each individual case.
  • Immediate Deportation Concerns: Critics are concerned that the order allows for the immediate deportation of asylum seekers who do not enter through designated ports of entry. They argue that this provision contravenes international laws that protect the right to seek asylum and could lead to unjust deportations.
  • Legal Challenges Anticipated: The Biden administration itself expects legal challenges to the order. Officials acknowledge that immigration policies frequently lead to litigation from various organizations. Homeland Security Secretary Alejandro Mayorkas has indicated that any executive action on immigration is likely to face court challenges.
  • State-Level Opposition: Some state officials, including West Virginia Secretary of State Mac Warner, have also joined lawsuits challenging the executive order. These officials are concerned about the order’s implications and are seeking to contest its legality.

Get Help From Us

If you or a loved one are affected by the recent changes to asylum policies, it is crucial to have expert legal guidance on your side.

Don’t wait—get immediate help from an Austin immigration attorney today. Read our testimonials to see how we have successfully helped others in similar situations. Call to speak with an immigration expert right now at 512 952 2176.

Julie Sparks

Julie Sparks is Board Certified by the Texas Board of Legal Specialization in Immigration and Nationality Law, one of a few such attorneys in Texas. After 15 years of practice in this field, she has represented immigrants from more than 70 different countries.

Get In Touch With Us

Call Today to Schedule a Consultation