San Antonio legal experts try to digest Biden Administration’s new immigration policy days after it takes effect

Even with this immigration policy in place, challenges are expected soon.

SAN ANTONIO – Just days after President Joe Biden dropped a new executive order limiting asylum seekers, San Antonio legal experts are trying to digest what exactly this means for Texas.

The policy that went into effect earlier this week will temporarily stop granting asylum to migrants at the U.S.-Mexico border if illegal crossings pass a certain threshold.

Migrant advocacy groups are concerned about the policy’s long-term effects.

Krystle Cartagena, a managing attorney with the Refugee and Immigrant Center for Education and Legal Services, called it “horrifying.”

“It is disappointing. It’s disheartening,” Cartagena said. “People are desperate. They will leave situations that they need to flee from, and now, we’re just setting them up to be in pathways of increased violence again.”

Both major political parties have criticized the policy. An emerging question is whether it will stand or if someone will soon challenge it.

“I expect that fairly soon,” said Erica Schommer, a clinical professor of law at St. Mary’s University. “There is a fundamental conflict between laws that Congress passed and what this executive order is doing.”

Schommer said similar legislation to this order has been struck down in court because it conflicts with a person’s right to apply for asylum on U.S. soil. She said presidents have some power to restrict immigration but only to a certain extent.

Schommer said history with previous administrations and previous border policies don’t show many positive outcomes.

“It never works, and it almost always makes a situation worse,” Schommer said.

For more information on President Biden’s executive order, click here.

About the Authors

Avery Everett is a news reporter and multimedia journalist at KSAT 12 News. Avery is a Philadelphia native. If she’s not at the station, she’s either on a hiking or biking trail. A lover of charcuterie boards and chocolate chip cookies, Avery’s also looking forward to eating her way through San Antonio, one taco shop at a time!

Adam Barraza is a photojournalist at KSAT 12 and an El Paso native. He interned at KVIA, the local ABC affiliate, while still in high school. He then moved to San Antonio and, after earning a degree from San Antonio College and the University of the Incarnate Word, started working in news. He’s also a diehard Dodgers fan and an avid sneakerhead.

Recommended Videos