Texas Attorney General Ken Paxton has filed a second lawsuit against the Biden administration, this time over Biden’s efforts to make the “catch and release” approach federal law.
In March, the Biden administration published a rule that would alter the asylum procedure and assign decision-making to the US Department of Homeland Security rather than federal judges. The new regulation would allow border security officials to decide whether applicants for asylum are eligible.
The plan, if implemented, would allow for a large influx of immigrants into the United States while their asylum claims are being considered.
The Texas Tribune wrote:
“Under the new procedure, refugees may be released into the nation pending a decision in their cases rather than being detained in custody. If a migrant detained at the border states that they would be persecuted or tortured if sent back to their country of origin, the asylum officer will decide whether there is a legitimate basis for claiming asylum. Migrants could appeal against an unfavorable decision by appealing to an immigration judge.”
Paxton, backed by the America First Legal Foundation, said the rule is an unlawful shift in immigration law.
The plaintiffs, in a motion filed Monday, claimed:
“The immigration rules do not allow the Defendants to grant themselves permission to change the laws as they see fit—Congress has established rules that the Defendants must follow, and those rules do not permit wholesale usurpation of powers that must be wielded by constitutionally designated officials. The Interim Final Rule allowing the Defendants to grant asylum at their leisure is unlawful, and the Court should prevent them from putting it into effect.”
Stephen Miller, the president of America First Legal, claimed that the rule is designed to “provide millions of newly-arriving illegal aliens with green cards.”
We are excited to be working with the State of Texas as outside counsel in bringing this urgent motion to block Biden’s open borders plan. This regulation is intended to give millions of recent immigrants green cards. America First Legal will fight against this unlawful open borders monster with the great Ken Paxton.
Biden’s decision to open the border to a larger number of people came just weeks after recent data revealed that he had admitted 951,000 immigrants into the country since taking office in January 2021.