Heritage Border Security Team: Biden’s Proposed Asylum Rule Will Make Border Crisis Worse

Heritage Border Security Team: Biden’s Proposed Asylum Rule Will Make Border Crisis Worse

May 26, 2022 2 min read

WASHINGTON—Members of Heritage’s Border Security and Immigration Center released a statement Thursday ahead of a Congressional Review Act vote in the Senate. The vote will be on a rule proposed by the Biden administration that would essentially provide amnesty via bureaucratic rule change to an unlimited number of illegal aliens who do not qualify. The vast majority of those currently filing credible-fear asylum claims do not qualify under U.S. law. 

Joseph Edlow, visiting fellow and former acting director of U.S. Citizenship and Immigration Services (USCIS); Lora Ries, director and former acting DHS deputy chief of staff; Mark Morgan, visiting fellow and former acting commissioner of U.S. Customs and Border Protection (CBP); and Tom Homan, visiting fellow and former acting director of Immigration and Customs Enforcement (ICE), released the following statement:   

“The Biden administration intentionally caused the worst border crisis in our history, and is intent on making that unmitigated crisis exponentially worse. The Biden administration’s rule defies Congress’ clear and statutory direction that immigration judges decide credible-fear asylum cases—in court, with an ICE attorney present to cross-examine the applicant. The Biden rule instead grants unaccountable USCIS asylum officers this authority. This will undermine the integrity of the asylum process, incentivize more filing of fraudulent claims, and ultimately reward an untold number of illegal aliens with what will essentially amount to amnesty, all while hurting those with bona fide asylum claims who must wait longer to have their case decided.  


“Providing asylum to as many illegal aliens crossing the border as possible is the third step of the Biden administration three-part plan: process, parole, asylum. This rule will only encourage more individuals to enter this country illegally, knowing that their chances of a USCIS agent rubber-stamping their claim and receiving asylum will now be higher.  


“There are ways to fix the asylum backlog. Circumventing commonsense is not one of them. Any lawmaker who believes the Biden border crisis represents a threat to our sovereignty and security should also make clear to the Biden administration that these executive attempts to further undermine the rule of law are unacceptable.” 

For more background: Congress Should Prohibit Biden Administration Asylum Rule 

Heritage plan to secure the border, reduce illegal immigration: New Border Security Coalition Provides Congress With Roadmap to End Biden Border Crisis, Reduce Illegal Immigration