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Immigration

Texas AG Sues To Block Biden DHS Rule On Asylum Seekers At Border

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Texas Attorney General Ken Paxton

As the border crisis continues, Texas is seeking to permanently block a new Biden administration rule that allows asylum seekers to avoid deportation at the border.

Texas Attorney General Ken Paxton filed the lawsuit on Thursday, requesting the rule be blocked and be declared unconstitutional.

“The last thing TX needs is Biden to make it easy for aliens to break into USA through false claims,” Paxton wrote in a tweet, along with a Fox News article obtaining the lawsuit. “We know what’ll happen when the rule goes into effect: new waves of illegals claiming ‘asylum.’ I’m suing to stop it.”

“Unsatisfied with releasing over 836,225 illegal aliens into the United States within fifteen months—not counting the number of unaccompanied alien children released separately, and aliens who have evaded apprehension—on March 29, 2022, the Defendants promulgated an Interim Final Rule to release even more illegal aliens into our country,” the lawsuit states. “The Interim Rule violates the Administrative Procedure Act (‘APA’), the Homeland Security Act, and the Immigration and Nationality Act (‘INA’), and it violates the Appointments Clause in Article II, Section 2, Clause 2 of the United States Constitution.”

“The State of Texas respectfully requests that this Court issue declaratory, preliminary, and permanent injunctive relief,” the lawsuit adds.

The news comes the same day that Department of Homeland Security Secretary Alejandro Mayorkas told Rep. Jim Jordan (R-OH) that he did not know if some of the 42 illegal immigrants on the terrorism watch list that were in the custody of border officials had been released into the United States.

“Have any of the 42 illegal migrants on the terrorist watch list or no-fly list encountered on our southwest border been released into the United States?” Jordan asked.

“I will provide that data to you with respect to the disposition of each one,” Mayorkas responded. “I do not know the answer to your question.”

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Immigration

SCOTUS Rules Federal Courts Do Not Have Power To Decide If Illegals Will Be Deported

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Supreme Court

On Monday, the Supreme Court ruled 5-4 that federal courts do not have the jurisdiction to decide whether noncitizens will be deported or allowed to stay in the country.

The case involved a couple from India — Pankajkumar Patel and his wife, Jyotsnaben, — who illegally entered the United States in the 1990s. They applied for “adjustment of status,” which would have made them both lawful permanent residents. United States Citizenship and Immigration Services (USCIS) denied their request after finding out that Patel intentionally falsely claimed he was a United States citizen in a Georgia driver’s license application.

Justice Amy Coney Barrett wrote the majority opinion for The Court and Justice Neil Gorsuch joining the three leftist justices in dissent.

“Congress has comprehensively detailed the rules by which noncitizens may enter and live in the United States. When noncitizens violate those rules, Congress has provided procedures for their removal,” Barrett wrote. “At the same time, there is room for mercy: Congress has given the Attorney General power to grant relief from removal in certain circumstances.”

“Federal courts have a very limited role to play in this process,” Barrett continued. “With an exception for legal and constitutional questions, Congress has barred judicial review of the Attorney General’s decisions denying discretionary relief from removal. We must decide how far this bar extends—specifically, whether it precludes judicial review of factual findings that underlie a denial of relief. It does.”

The Court ruled that “Federal courts lack jurisdiction to review facts found as part of discretionary-relief proceedings.”

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Immigration

Over 50 House Republicans Question DHS Secretary Mayorkas’ ‘Suitability For Office’ Over Border Crisis

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Alejandro Mayorkas

On Monday, a group of more than 50 House Republicans sent a letter to Department of Homeland Security Secretary Alejandro Mayorkas warning that the worsening border crisis has raised “grave questions” about his “suitability for office.”

The group was led by Border Security Caucus co-chair Rep. Brian Babin (R-TX) and Republican Study Committee Chair Rep. Jim Banks (R-IN).

“We write to address your actions to dismantle the security of our nation’s security border and disregard for the enforcement of U.S. immigration laws,” the letter stated. “Your actions have willingly endangered American citizens, undermined the rule of law and our nation’s sovereignty. Your failure to secure the border and enforce the laws passed by Congress raise grave questions about your suitability for office.”

The letter noted the Biden administration’s announcement that it would be ending Title 42, a Trump-era border security policy, in May. The end of the policy is expected to further worsen the border crisis, resulting in as many as 18,000 migrants crossing the southern border illegally each day, according to a Department of Homeland Security (DHS) document obtained by ABC News.

The letter specifically called on Mayorkas to “immediately take all legal and necessary actions at your disposal – of which there are many – to secure the southern border, rectify the dangerous policies this administration has put in motion over the past year, and bring your agency into compliance with the laws passed by the United States Congress.”

The letter comes shortly after border officials announced that over 221,000 migrants had been encountered at the southern border in March, the highest number since President Biden took office.

“Customs and Border Protection said in a court filing Friday that 221,303 migrants were encountered at the southern border in March. That’s approximately 28% higher than March 2021 when 173,277 migrants were encountered. In March 2020, just 34,460 migrants were encountered at the border,” Fox News reported.

“The number is bigger than last year’s high of 213,953 in July and is the third time under Biden that there have been more than 200,000 migrants at the border — which only occurred in two months at the height of the 2021 surge,” the outlet continued.

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