Attorneys general from 14 states, led by Arizona, Louisiana, and Missouri, have filed lawsuits against the Biden administration for allegedly modifying immigration policy established by Congress regarding the asylum procedure. When Texas Attorney General Ken Paxton sued the administration in federal court for a similar policy, they also filed a complaint in state court in Texas.
The complaint was brought in the US District Court Western District of Louisiana Lafayette Division by attorneys general from Arkansas, Florida, Georgia, Idaho, Kansas, Kentucky, Mississippi, Montana, Nebraska, Oklahoma, and South Carolina.
In an effort to stop an administrative rule change that will significantly alter the asylum and parole procedure, they are petitioning the court to stop it.
The Interim Final Rule was proposed by the Department of Homeland Security in late March. Unless the courts stop it, it will take effect on May 31 unless it is blocked by the courts.
An attorney general in Arizona says that the rule change “essentially eliminates federal immigration judges from the asylum assessment process and gives asylum officials inside the Department of Homeland Security unprecedented discretion to award refuge to migrants outright,” he says. In addition to violating federal law and bypassing Congress, the new rule erodes the integrity of asylum.
According to Brnovich, “This is nothing more than an attempt to build up a radical system that supports illegal immigration and undermines the rule of law.”
Biden’s immigration policies prioritize non-citizens over citizens, according to Louisiana Attorney General Landry.
According to Landry, “he is once again undermining the rule of law and compromising the safety and security of our country.” Drugs, human traffickers, and sexual predators will be able to enter the border more easily as a result of this new law.
Director of the Executive Office for Immigration Review, David Neil, Alejandro Mayorkas, and Troy Miller with US Immigration and Customs Enforcement (ICE) were among the officials that met with Attorney General Merrick Garland on Thursday. Customs and Border Protection, Acting Director of the United States. President Barack Obama has appointed Immigration and Customs Enforcement (ICE) director Tae Johnson to lead the agency. Citizenship and Immigration Services Ur Jaddou, the U.S. The defendants include Raul Ortiz, the Border Patrol, and their respective organizations.
According to the Department of Justice and the Department of Homeland Security (DHS), the proposed changes were designed “to improve and expedite processing of asylum claims made by noncitizens subject to expedited removal, ensuring that those who qualify for asylum are granted relief quickly, and those who do not are promptly removed.”
A significant change is the ability of asylum officers to assess and rule on asylum applications, which has been given new authority. For asylum cases, immigration judges from the Justice Department’s EIR are the only ones who can adjudicate them.
Asylum cases can take several years to be heard and decided because of current court backlogs. According to DHS and the DOJ, most asylum seekers will have the procedure completed within a few months of implementation.
When Mayorkas announced the rule change last month, he said, “The current system for evaluating asylum requests at our borders has long needed improvement.” “We are constructing a more effective and sensible asylum system through this rule to ensure that persons who are qualified will receive refuge more quickly, while those who are not eligible will be quickly removed. Accordingly, “We will expeditiously and thoroughly process asylum and other humanitarian protection petitions, while guaranteeing due process.”
Asylum seekers will be handled more quickly and fairly under the new regulation, according to Garland.
To minimize the strain on our immigration courts, to respect the rights of people fleeing persecution and to empower immigration judges to issue deportation orders when necessary, Garland stated.
These amendments, according to the Republican Attorneys General, contravene federal immigration laws as well as homeland security laws such as IRCA and the Secure Fence Act of 2006.
According to Montana’s attorney general, Austin Knudsen, “President Biden is focused on removing all pretense of authority at our southern border, releasing one terrible and deadly immigration policy after another. Because of his repeated encouragement of illegal immigration, “Cartels can more easily smuggle drugs across the border and up into areas like Montana.”
Biden’s administration also wants to put a stop to enforcement of Title 42 on May 23, even though a federal judge has given a temporary restraining order. Former President Trump implemented Title 42, a health authority that permits border officials to promptly deport asylum seekers in the event of a health emergency like the COVID-19 outbreak.
Title 42 enforcement is set to be repealed by the administration if the courts do not intervene, resulting in a “huge rise in illegal immigration and non-meritorious asylum applications,” according to the attorneys general. They say that the date would produce “an exponential surge of unlawful border crossings,” which would “build a crisis onto a crisis.”
Also on Tuesday, Texas and Missouri argued before the United States Supreme Court requesting that the government be forced to completely resume its “Remain in Mexico” policy, also known as the Migrant Protection Protocols (MPP).
