Judge Blocks Biden Administration’s Immigration Rule

(LibertySociety.com) – Another rule put in place by the Biden administration’s Department of Homeland Security (DHS) was struck down in a California court on July 25. The rule sought to decrease the number of illegal migrants coming to the ports of entry, as they will be deeming them ineligible for asylum and barred from entering the country. Asylum-seeking migrants have been instructed to apply through the CBP One app or claim asylum in another safe country during their journey. However, the American Civil Liberties Union (ACLU) argued that the rule was inhumane and limited asylum claims.

The Obama-appointed judge cited the Administrative Procedure Act as the reason for blocking the rule, as DHS only offered 30 days of public comment before its implementation. The judge also said that DHS failed to disclose “relevant policy changes that would affect the agencies’ reason for adopting the Rule.” The Biden administration claimed that striking down the rule would result in an increased number of illegal migrants flooding the ports of entry. The judge disagreed with that argument, stating that the restoration of “a regulatory regime that was in place for decades before” was necessary.

The Biden administration is appealing the ruling, with DHS Secretary Alejandro Mayorkas sending a message to migrants looking to seek entry into the country by showing up at the ports of entry. He warned migrants to steer clear of the smugglers and utilize the legal pathways to be granted asylum or face the consequences of attempting to unlawfully enter the United States.

Mayorkas has faced widespread scrutiny from Republican members of Congress for the situation at the southern border. The House Homeland Security Committee recently released an interim report from its lengthy investigation into Mayorkas’ job performance, alleging that he committed fraud.

Potential whistleblowers from various agencies within DHS have handed over evidence to the committee and could eventually become whistleblowers. Republicans have not committed to an impeachment inquiry of Secretary Mayorkas, but House Speaker Kevin McCarthy warned that it could be on the table if the evidence against him is sufficient.

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