Buffalo, N.Y. (WBEN) - "This has been tried before and blocked by courts."
During an appearance on WBEN on Wednesday, immigration attorney Rosanna Berardi of Berardi Immigration Law reacted to the executive order by President Joe Biden to cap the number of migrants allowed to seek asylum in the U.S. at the Southern border.
"It's window dressing on a significant problem that is not easily solvable," she added.
Berardi also said she did not think the order will be in effect for too long because of legal challenges.
"I think it's going to be legally turned down because at the end of the day, you cannot prevent people from applying for asylum. That's what our laws say."
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In 2018, the Trump administration tried to enact similar border restrictions but courts blocked them.
Berardi said it is indeed ironic.
"This is almost the same concept from 2018 playing out in 2024. There is a huge problem at the border. Everybody knows that, but no one can seem to get congress to do anything about it. It's complicated and it's unlikely to be resolved by congress anytime soon," she explained.
What, if anything, will change for migrants already in the U.S.?
There are no changes. Berardi said it's business as usual. They are in queue with their asylum applications waiting for court dates. The executive order from Biden will have zero impact on them.
The new rule at the southern border is triggered when there have been seven consecutive days or more of 2,500 encounters between ports of entry, which is the case right now. The U.S. won't open things back up until there have
been 14 days of encounters with 1,500 migrants or less between ports of entry.