Tuberville, Colleagues Introduce Resolution to Repeal Biden Administration Policy Upending Asylum Process

Rule only exacerbates Biden’s border crisis

WASHINGTON—U.S. Senator Tommy Tuberville (R-AL) joined U.S. House and Senate Republican colleagues in introducing a resolution of disapproval under the Congressional Review Act (CRA) to dissolve a Biden administration rule that would illegally upend the process by which the U.S. government grants asylum claims.

The rule, “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers,” would exacerbate the crisis at the southwest border and encourage fraudulent asylum claims by allowing illegal border crossers who claim asylum to have their asylum application approved by U.S. Citizenship and Immigration Services (USCIS) officials instead of immigration judges as well as live in the U.S. free from detention while their application is pending.   

“Our immigration laws need to be enforced,” said Senator Tuberville. “But at every turn, President Biden is trying to make it easier for illegal immigrants to come across our border and stay in our country on the American taxpayer’s dime. Rather than rewriting asylum rules as part of their open borders agenda, the Biden administration needs to redirect their efforts to upholding the integrity of our immigration system and securing our border.”

On October 19, 2021, Senator Tuberville joined Senator Johnson (R-WI), 22 Senate Republicans, and 66 House Republicans in submitting a public comment to the Federal Register in opposition of the rule.  The comment noted:

“The proposed rule represents a blatant violation of the laws passed by Congress. It ignores the mandatory detention requirements of aliens claiming asylum through mass parole, violates the principles of separation of powers, and inappropriately shifts the roles of USCIS and Executive Office of Immigration Review.”

On March 29, 2022, the U.S. Department of Homeland Security (DHS) published the interim final rule that would allow USCIS asylum officers to grant asylum to illegal immigrants at the border. The asylum rule is set to take effect at the end of May. The resolution of disapproval seeks to overturn the Biden administration’s rule.

Senator Tommy Tuberville represents Alabama in the United States Senate and is a member of the Senate Armed Services, Agriculture, Veterans’ Affairs, and HELP Committees.