Sen. Cramer, Colleagues Introduce Resolution to Repeal Biden Administration Policy Upending Asylum Process

Press Release

Date: May 2, 2022
Location: Washington, DC
Issues: Immigration

U.S. Senator Kevin Cramer (R-ND) joined Senator Ron Johnson (R-WI) and Representative Andy Biggs (R-AZ) in introducing a resolution of disapproval under the Congressional Review Act (CRA) to dissolve a proposed Biden Administration rule which 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, not immigration judges, and to not be detained while their application is pending.

"The Biden Administration's incompetence in handling the crisis they themselves created at the southern border is astounding. This new asylum rule will make the border crisis worse and endanger legal American citizens across the country. Border security needs to be a top priority for the Biden Administration, but instead, they insist on opening the southern border to anyone who wishes to cross. Our resolution puts a necessary and timely check on the executive branch and protects against future surges of migrants illegally entering the United States," said Senator Cramer.

"The Biden administration is sending a clear message: our borders are open, you will not be kept in custody, and you will not have to see a judge to stay here. In a time where we surpassed 2 million illegal crossings at the southern border last year and are on track for even more this year, the proposed rule will only lead to more illegal migration for an already overwhelmed immigration system. We strongly oppose the Biden Administration's reckless attempt to unconstitutionally rewrite the asylum laws in America. The changes the administration is proposing cannot come from unelected bureaucrats, but rather from Congress. I thank my colleagues for joining in this effort," said Senator Johnson.

"Instead of promulgating new rules, the Biden Administration should end its illegal catch and release policies and enforce the law. Open border zealots within the Administration are drastically remaking our immigration system under the guise of enhancing humanitarian protections. This couldn't be further from the truth. This proposed rule weakens the integrity of our asylum system and will facilitate mass illegal alien incursions. Rather than focusing on releasing aliens as quickly as possible, the Biden Administration should reimplement Trump Administration policies that worked to secure our border," said Congressman Biggs.

Senators Cramer and Johnson and Representative Biggs are joined by Senators John Barrasso (R-WY), Marsha Blackburn (R-TN), John Boozman (R-AR), Mike Braun (R-IN), Tom Cotton (R-AR), John Cornyn (R-TX), Mike Crapo (R-ID), Ted Cruz (R-TX), Steve Daines (R-MT), Lindsey Graham (R-SC), Chuck Grassley (R-IA), Bill Hagerty (R-TN), Josh Hawley (R-MO), John Hoeven (R-ND), Jim Inhofe (R-OK), John Kennedy (R-LA), Mike Lee (R-UT), James Lankford (R-OK), Cynthia Lummis (R-WY), Roger Marshall (R-KS), Jerry Moran (R-KS), Rand Paul (R-KY), Jim Risch (R-ID), Marco Rubio (R-FL), Thom Tillis (R-NC), Tommy Tuberville (R-AL), Rick Scott (R-FL), Roger Wicker (R-MS), and other House Republicans.

The CRA can be used by Congress to overturn certain federal agency regulations and actions through a joint resolution of disapproval. If a CRA joint resolution of disapproval is approved by both houses of Congress and signed by the President, or if Congress successfully overrides a presidential veto, the rule at issue is invalidated.

Click here for the resolution.


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