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Legal experts question if Biden is ‘using all of the resources at his disposal’ in light of failed border bill

The U.S. illegal immigration crisis came to a head last week after months of bipartisan negotiations, when Republican senators rejected a bill aimed at addressing some of the key issues contributing to the southern border crisis. It reached its peak.

The White House touted the measure as “the toughest and fairest reform to secure our borders in decades.” But Republicans in the House and Senate said the bill failed on multiple fronts.

“It fails in every policy area we need to secure our borders and actually encourages more illegal immigration,” said House Speaker Mike Johnson (R-Louisiana).

“Among its many flaws, this bill expands work permits for illegal aliens but fails to include important asylum reform. Worse, it allows illegal aliens to be ‘released from physical custody.’” The language would effectively support Biden’s ‘catch-and-release’ policy.” ”

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President Biden at the White House in Washington, DC, December 13, 2023 (Chip Somodevilla/Getty Images)

The policy, which is being challenged by Republican attorneys general, refers to the idea of ​​forcing immigrants to wait inland for asylum, rather than being sent to detention facilities.

Critics of the bill, like Gene Hamilton, vice president and general counsel at America First Legal, say the Biden administration is “already ignoring the law for ideological purposes” and that the Senate bill would force Biden to “take the reins of the president.” “It will give them top cover to continue making their case.” We will further strengthen our catch-and-release policy. ”

“Add process to process and require capture and release of some foreign nationals instead of the current capture and detention. The list goes on and on. The end result is to further discourage immigration enforcement. “It’s going to be a bureaucratic quagmire that will legitimize Biden’s insane policies and result in a much weaker border than we currently see,” Hamilton said.

Joe Biden walks with border officials

President Biden speaks with U.S. Customs and Border Protection officials during a visit to the U.S.-Mexico border in El Paso, Texas, on January 8, 2023. (Jim Watson/AFP via Getty Images)

But Erin Corcoran, executive director of the Notre Dame Kroc International Peace Institute, said the country’s current asylum process is not that sloppy.

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“What we have to think about now is this is not just a Biden administration problem. This was a problem in the Trump and Bush administrations. So there are asylum seekers, but there are also asylum seekers.” These are people who are trying to cross the border without having valid immigration status in the United States,” Corcoran said.

Immigrants entering Texas along the southern border

U.S. Border Patrol agents monitor more than 2,000 migrants at a field processing center in Eagle Pass, Texas, on December 18, 2023. (John Moore/Getty Images)

“And they might get caught. So the question is, how do we deport them? And under the current system, there’s a growing number of people who don’t have valid immigration status in the United States. It’s clear that there are a lot of people, not necessarily people waiting to apply for asylum, but supporting all of them is beyond the resources we need.”

Corcoran said the way the Department of Homeland Security operates is similar to police departments in large cities, which must prioritize which crimes to prosecute based on the severity of the crime and available law enforcement resources. explained.

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“They have limited resources. Same goes for law enforcement. They have limited resources. They can’t deport every single illegal immigrant in the United States,” Corcoran said.

“We will prioritize criminals and people who threaten national security for deportation.”

Mayorkas takes oath of office

U.S. Secretary of Homeland Security Alejandro Mayorkas is sworn in during a House Homeland Security Committee hearing on November 15, 2023, at the Capitol in Washington, DC. (Drew Angerer/Getty Images)

Corcoran said one of the biggest challenges to the immigration system is the backlog of asylum applications.

Corcoran said the Senate bill would change existing law enough to change several aspects of asylum law that would allow asylum claims to be adjudicated at the border and create stricter standards for asylum claims. It is said that the system did not necessarily provide a mechanism for enforcing the law. be allowed to enter the country.

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Josh Blackmun, a law professor at South Texas College of Law, questions whether the president is “using all the resources at his disposal to vigorously enforce the law” without the Senate passing the bill. It showed.

“Mr. Mayorkas appears to be using a broad concept of prosecutorial discretion to deprioritize exclusion as the Trump administration did,” he said.

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