A US Senior Counsel has said that a "big dispute" with the President could scupper his plan as Biden has appealed to the Supreme Court to block the Texas police migrant law.
Texas Governor Greg Abbott began sending buses of migrants to New York and other Democrat-led cities in 2022 in response to record numbers of migrants illegally crossing the border.
Abbott has sharply criticized Democrat President Joe Biden over his response to the increase in border crossings and has implemented a series of measures aimed at deterring illegal migration.
The Biden administration filed a lawsuit on Wednesday seeking to strike down a new Texas law that gives state officials broad powers to arrest, prosecute and deport migrants.
Speaking to GBN America, Counsel member Gerard Filiti explained that this could affect Biden's chances at the election.
He said: "There's anger on some parts, but there's concern on the parts of a lot more Americans because this is not just something that affects the southern states.
"Migrants are being shipped throughout the country, through in northern states, in remote areas of different states. And the problem isn't about welcoming in new people.
"The problem is that the States just don't have the resources. When you have an influx, whether it's 40 or 50 people in a very small community, you now need to provide housing, you need to provide additional schooling, you need to provide services.
"Many places are stretched thin because the economy in some states has not been terrific in the last four years. So this is a concern for many Americans because they're seeing this influx of migrants, many of whom don't have their proper history checked. We don't know their criminal status.
"We don't know who they are or where they come from. They are taxing our resources essentially without our ability to pay for their needs.
"This is very concerning to a lot of Americans, not just on the border states, but throughout the country. That and it's an election-year issue.
He added: "I think that there could be a very good argument that, on the one hand, immigration has always been coming steadily over the southern border.
"The numbers now are just higher than usual, reflecting in part the instability in the Southern hemisphere and in other parts of the world where migrants are not just coming from Mexico, they're travelling from China, Afghanistan, the Middle East, or Africa to reach America.
"And in part it is by design, it is a design of the Democrats not actually to enforce border control policies.
"There was enforcement during the Trump administration. It could very easily have continued during the Biden years.
"However, President Biden dismantled many of the policies that Trump had in place, including requiring people seeking asylum to remain in Mexico until their cases were heard.
"So it's confusing and puzzling why there has been less enforcement on the part of the Biden administration.
"It's easy to ascribe ulterior motives to this, perhaps for future voters actually to participate in Democratic elections and not Republican ones.
"But ultimately, the issue has gone out of control, and the lack of enforcement of current laws is problematic."
