Ranking members of the House Judiciary Committee wrote a letter Tuesday demanding to know why the Biden administration is letting illegal migrants crossing the southern border into the country, further infracting on Title 42.

Reps. Jim Jordan (R-OH), John Katko (R-NY), and James Comer (R-KY) penned the letter to Mayorkas, asking for his cooperation. “As the Ranking Members of the House committees of relevant jurisdiction, we are entitled to know what criteria you believe to warrant a humanitarian exception,” they wrote. After all, details surrounding the exemptions “are necessary for Congress to know to perform our oversight of the Biden Administration’s immigration enforcement,” they went on.

Mayorkas has until May 28th to provide them with the criteria for these asylum seekers and also the list of non-governmental organizations DHS has teamed up with lately.

During President Trump’s term, the Centers for Disease Control and Prevention enacted Title 42, a public health order that precluded asylum seekers from entering the country amid the COVID-19 pandemic. Department of Homeland Security Secretary Alejandro Mayorkas even previously claimed that he had no power to undo the order. Already, migrant children and some families were considered exceptions to the rule. But, DHS faced backlash, namely from the United Nations High Commissioner for Refugees. The American Civil Liberties Union was also demanding action, calling for as many as 250 aliens a day to be granted asylum.

So, on May 12, a DHS spokesman corrected the record: “we are working to streamline a system for identifying and lawfully processing particularly vulnerable individuals who warrant humanitarian exceptions under the order.” Then, that following first week 50 people were given an exemption to Title 42 and let in the country anyway. But the very next week, DHS made 40-50 exceptions a day.

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