Texas Sues Biden Admin. to Block DHS Rule Allowing More Asylum-Seekers to Remain in U.S.

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  • 08/19/2022

Texas is suing the Biden administration in an effort to block a new rule that allows more asylum-seekers to avoid deportation at the border. 

As reported by Fox News, Texas Attorney General Ken Paxton filed the lawsuit Thursday in the U.S. District Court for the Northern District of Texas, naming Alejandro Mayorkas and Biden, among others, as defendants. 

The lawsuit seeks to block a DHS policy that aims to change the processing system for immigrants who claim “credible fear” of persecution in their home country. 

Current law states that immigration judges handle such cases, but the DHS rule - which takes effect May 29th - gives authority to asylum officers instead. 

The policy would also give asylum officers the ability to parole asylum seekers into the U.S. if they believe that detaining the migrant is “impracticable.” 

"The Interim Rule transfers significant authority from immigration judges to asylum officers, grants those asylum officers significant additional authority, limits immigration-judge review to denials of applications, and upends the entire adjudicatory system to the benefit of aliens," the lawsuit reads.

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