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Immigration

Texas AG files lawsuit against Biden admin over deportation halt

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The Texas attorney general filed a federal lawsuit Friday against the Biden administration over its order to freeze most deportations for the next 100 days, coming just two days after President Joe Biden entered the Oval Office.

On Thursday, the Department of Homeland Security (DHS) issued a memo demanding all of its constituent bureaus “reset and review” their immigration enforcement policies, including a 100-day freeze on most deportations of noncitizens.

Texas Attorney General Ken Paxton (R) argues that DHS is breaking immigration law by ordering the deportation freeze in the complaint filed in the U.S. District Court for the Southern District of Texas. His statement also claims that the new orders violate the U.S. Constitution, federal immigration and administrative law, and a contractual agreement between Texas and the DHS.

“In one of its first of dozens of steps that harm Texas and the nation as a whole, the Biden administration directed DHS to violate federal immigration law and breach an agreement to consult and cooperate with Texas on that law,” Paxton said in a statement. “Our state defends the largest section of the southern border in the nation. Failure to properly enforce the law will directly and immediately endanger our citizens and law enforcement personnel.”

Moreover, Paxton’s lawsuit asserts that the DHS’s authority does not extend to such a policy.

“If left unchallenged, DHS could re-assert this suspension power for a longer period or even indefinitely, effectively granting a blanket amnesty to illegal aliens that Congress has refused to pass time and time again,” the filing says. “The Constitution, controlling statutes, and prior Executive pledges prevent a seismic change to this country’s immigration laws merely by memorandum.”

Paxton’s office is requesting that the court issue a restraining order against the new DHS orders. However, it is uncertain when a judge will hear his case.

Paxton previously made headlines for launching a multi-state lawsuit challenging the 2020 presidential election results in some key swing states, echoing then-President Donald Trump’s dubious claims that widespread fraud changed the outcome of the election in those states. The case went to the U.S. Supreme Court, which threw it out in early December for lack of standing.

You can follow Douglas Braff on Twitter @Douglas_P_Braff.

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Immigration

Biden Administration to allow 40,000 asylum-seekers per month into US with mobile app

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Despite chaos at the border, the Biden administration is still pursuing expansion of a smart phone app which would allow nearly 40,000 asylum-seekers to enter the United States…per month.

“Starting in June, officials will allow more migrants waiting in Mexico to secure an appointment to enter the U.S. through a government phone app known as CBP One, which the Biden administration has transformed into the main gateway to the American asylum system” reports CBS News.

Department of Homeland Security Officials said border agents are preparing to distribute approximately 1,250 appointments per day, or 38,750 per month, to migrants in Mexico. They will then present themselves at ports of entry.

CBS News reports:

The CBP One app allows migrants north of Mexico City to request an appointment to appear at a southern border port of entry, where U.S. officials generally release them with an immigration court hearing in their respective destination. Migrants can fight their deportation in court by seeking asylum.

The app-powered system has been sharply criticized by migrant advocates, who say it penalizes the most destitute migrants who don’t have smartphones or an internet connection. They have also said the app does not allocate nearly enough spots to help the tens of thousands of migrants stranded in Mexico.

However, the app has facilitated “the largest expansion of migrant processing at ports of entry along the southern border in U.S. history” adds CBS News. “Since its use began in January, more than 120,000 migrants have secured appointments to enter the U.S. through CBP One, according to unpublished government figures.”

In addition to the CBP One process and the asylum restriction, the Biden Administration has begun allowing up to 30,000 migrants from Cuba, Haiti, Nicaragua and Venezuela to fly to the U.S. directly per month if they have American sponsors. In just several months, that program received over 1.5 million applications.

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