President Joe Biden’s new policy to temporarily halt granting asylum to migrants if illegal crossings exceed a set threshold faced swift backlash in Texas on Tuesday. Elected officials from both parties criticized the plan, and migrant advocacy groups expressed concerns about the increased dangers for vulnerable populations.
The proclamation, signed by Biden on Tuesday, will largely suspend the entry of noncitizens starting at 12:01 a.m. Eastern on Wednesday. Exceptions include permanent U.S. residents and unaccompanied children. The restrictions will lift two weeks after the average daily migrant encounters between official ports of entry fall below 1,500 for seven consecutive days. The restrictions will resume if the average exceeds 2,500 for seven consecutive days.
Biden stated that he took this unilateral action due to Congress’s failure to pass a bipartisan border security deal earlier this year. The deal, negotiated in the Senate, collapsed after former President Donald Trump opposed it, claiming it didn’t go far enough. Democrats accused Trump of sabotaging the legislation to maintain immigration as a campaign issue.
“The border is not a political issue to be weaponized. It’s a responsibility we have to share and address,” Biden said from the White House. “Today, I’m announcing actions to bar migrants who unlawfully cross our southern border from seeking asylum.”
In Texas, civil rights and migrant advocacy groups condemned the order, likening it to failed policies of past administrations and warning it would endanger migrants waiting on the Mexican side of the border for asylum appointments with U.S. officials. Advocates highlighted the difficulty of securing appointments due to complex processes and an overloaded phone application. Asylum-seekers in Reynosa and Matamoros face waits of eight to ten months for appointments.
Karla Marisol Vargas, a senior lawyer for the Texas Civil Rights Project’s Beyond Borders Program, criticized the order. “In practice, this makes it nearly impossible to ask for asylum or any of these protections,” she said.
Texas Democrats, including the mayors of San Antonio and border cities like Brownsville, and U.S. Representatives Marc Veasey and Vicente Gonzalez, joined Biden in announcing the order. El Paso Mayor Oscar Leeser supported the timing, noting his city struggled to shelter record numbers of migrants last year. He emphasized that legislative fixes are still needed.
“This executive order is just the beginning to help us cope,” Leeser said. “We still need a bipartisan agreement.”
U.S. Rep. Colin Allred, a Dallas Democrat running for Senate, also supported the measure, stating that border communities need more than “talking points and photo ops.”
However, some Texas Democrats opposed the policy. U.S. Rep. Joaquin Castro criticized the order’s threshold, arguing it effectively bans asylum for many fleeing persecution and violence.
“The United States became the strongest nation because of immigration,” Castro said. “This executive order is the wrong approach and goes too far.”
Eagle Pass Mayor Rolando Salinas questioned why Biden did not take similar action last year amid record migration in his city. Texas Governor Greg Abbott accused Biden of acting due to a heated reelection battle against Trump.
“President Biden dismantled all successful border policies from his predecessor, encouraging millions of illegal immigrants,” Abbott said. “This executive order contradicts his previous stance just months before Election Day.”
Texas Senators John Cornyn and Ted Cruz, both Republicans, denounced the executive order as a political move during an election year, stating it wouldn’t be enforced effectively.
Biden’s proclamation relies on Section 212(f) of the Immigration and Nationality Act, allowing the president to limit migrant entry if it is “detrimental” to national interest. Trump used the same provision for his 2017 travel ban on Muslim-majority countries and a later policy barring asylum seekers, which courts struck down.
Biden administration officials insist their proposal is different, but lawsuits are expected. The American Civil Liberties Union plans to challenge the order in court. “It was illegal when Trump did it, and it is no less illegal now,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project.
Critics argue the order exacerbates a hostile climate for migrants and distracts from needed reforms. Jennifer Babaie of Las Americas Immigrant Advocacy Center expressed concern that confusion over the order could force more people into dangerous trafficking routes, especially vulnerable groups like women, children, and the LGBTQ community.
“It’s just danger to the groups we serve,” Babaie said. “Many have been waiting for months to enter the U.S.”