HYDE-SMITH COSPONSORS RESOLUTION TO STRIKE DOWN BIDEN BORDER POLICY

WASHINGTON, D.C. – U.S. Senator Cindy Hyde-Smith (R-Miss.) last week joined U.S. Senator John Cornyn (R-Texas) to introduce a joint resolution of disapproval under the Congressional Review Act to strike down President Biden’s Circumvention of Lawful Pathways rule, which purports to take a hard line on illegal migration.

The Senators filed S.J.Res.41 because the reality is that the rule is riddled with exceptions and funnels migrants into unlawful parole programs that the U.S. Department of Homeland Security (DHS) established without Congress’ consent to allow more migrants with weak or non-existent asylum claims to enter the United States.

“It’s apparent that the Biden administration has exceeded its authority in creating a weak asylum claims system that does not serve as a deterrent to entering the United States illegally,” Hyde-Smith said.  “What we have instead is an exploitable program that expedites the release of migrants into the interior of the country and serves as an incentive for those looking to take advantage of our immigration laws.”

“The Biden administration’s rule is an unserious attempt at resolving the border crisis and is full of loopholes that the cartels will easily exploit to continue moving unlawful migrants into the United States and overwhelm our Border Patrol,” Cornyn said.  “Rather than stop unlawful migration, President Biden is using this rule to funnel the migrants into unlawful parole programs, and this resolution would put an end to this shell game to hide an unprecedented level of illegal immigration.” 

S.J.Res.41 is also cosponsored by U.S. Senators Marsha Blackburn (R-Tenn.), Katie Britt (R-Ala.), Tommy Tuberville (R-Ala.), Cynthia Lummis (R-Wyo.), Ted Budd (R-N.C.), and Steve Daines (R-Mont.).

The Biden administration’s Circumvention of Lawful Pathways rule went into effect on the same day the Center for Disease Control and Prevention’s Title 42 public health order expired on May 11, 2023.  The rule funnels migrants into one of three “lawful” pathways, including:

  • The administration’s program to grant parole to up to 30,000 Venezuelans, Haitians, Nicaraguans, and Cubans per month, as well as other parole programs the administration has recently set up or expanded;
  • The administration’s “CBP One” mobile app through which migrants can make appointments to enter at land ports of entry, where they may be paroled into the interior and given work authorizations;  
  • Seeking asylum at any place or time after having been denied asylum in a third country. 

The first two of these three pathways constitute an abuse of the DHS Secretary’s parole authority, which under U.S. immigration law is only to be used on a true case-by-case basis. 

Furthermore, although the administration is claiming to be tough on migrants who do not chose to pursue the three pathways it has created, this rule is full of loopholes.

Hyde-Smith, who serves on the Senate Homeland Security Appropriations Subcommittee, recently voted for committee approval of the FY2024 Homeland Security Appropriations Bill, which departs from Biden budget priorities and increases funding for border security and immigration enforcement.

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