Court Finds Biden Asylum Rule is "Substantively and Procedurally Invalid"
PUBLISHED: Mon, AUG 7th 2023 @ 10:16 am EDT by Jared Culver
The Biden Administration received another defeat in court, with Judge Jon Tigar of the Northern District of California vacating the latest asylum rule. That asylum rule created an (easily) rebuttable presumption of asylum ineligibility for aliens who did not schedule their illegal entry beforehand using a phone app called CBP One. Along with the mass parole of aliens streaming across the border, it was a cornerstone of the Biden Administration’s goal of hiding the reality of the migrant crisis with scheduling and accounting tricks. In other words, the same people are coming in the same numbers, but it is okay now because they used a phone app to let DHS know when they would arrive and were waived in. For the communities struggling to deal with the surge in population, this is not helpful, but Biden can say the illegal crossings are down because they are counted in a different column on the spreadsheet.
This defeat arrives shortly after the Supreme Court handed Biden a rare legal victory in the Texas challenge of his enforcement priorities. There, Justice Kavanaugh wrote an opinion saying there was no standing for Texas to challenge enforcement priorities that defy statutory mandates and essentially make most aliens in the country illegally a non-priority for removal, as a matter of policy. After that victory, the Biden Administration used the hot-off-the-press precedent to try and dismiss the challenges to both the asylum rule and the illegal parole programs DHS has created.
Judge Tigar swiftly dismissed the applicability of the recent Supreme Court precedent to the asylum rule challenge. The Judge is clearly correct. The Supreme Court simply dismissed standing for the narrow Executive decision to refuse to enforce the law. The double standard is that when a President attempts to enforce the law, whether in good or bad faith (this asylum rule is the latter), the standard for judicial standing is more lenient. With the asylum rule vacated, perhaps President Biden could just refuse to enforce asylum law at all and grant no asylum to call Justice Kavanaugh’s bluff.
https://www.numbersusa.com/blog/court-finds-biden-asylum-rule-substantively-and-procedurally-invalid
