Sens. Johnson and Lee and Rep. Biggs Lead Colleagues in Submitting Public Comment on Biden’s Proposed Open Border Regulation

WASHINGTON — On Tuesday, U.S. Sen. Ron Johnson (R-Wis.), member of the Homeland Security and Governmental Affairs Committee, along with Sen. Mike Lee (R-Utah), Rep. Andy Biggs (R-Ariz.) and 65 of their GOP colleagues submitted public comment to President Biden’s proposed rule that would illegally upend the process by which the U.S. government hears asylum claims.

This rule, if finalized, would lead to the dispersion of potentially hundreds of thousands of illegal aliens into the interior each year in violation of federal law, limit the ability of immigration courts to hear asylum claims, serve as a massive pull factor for future illegal immigration, and fulfill a Biden campaign promise of open borders.  The proposed rule further augments the unprecedented surge in illegal crossings at our southern border and the Biden administration’s failure to address the crisis it created dismantling the previous administration’s successful border security policies.

“The proposed rule represents a blatant violation of the laws passed by Congress,” the members write.  “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 asylum screeners and immigration courts.” 

“In a year when we have seen record apprehensions at the Southwest border, the proposed rule would serve as yet another pull factor for illegal migration, while failing to advance the interests of the American people. Accordingly, we consider the proposed rule to be illegal and unconstitutional. We strongly oppose the proposed rule and urge the Departments to work with Congress to make any changes to the immigration process through legislation.”  

“This is a blatant violation of the laws passed by Congress.  In a year where we have surpassed 1.5 million apprehensions at the southern border, 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.    

“The Founders entrusted Congress, not unelected bureaucrats, with the sole power to legislate. Members of Congress are accountable to the people, and can be voted out of office. Bureaucrats are not nearly as vulnerable or accountable. Despite alleged expertise, when bureaucrats craft law, their short-sightedness or their own interest all too often overshadow what would be best for Americans. This rule, drafted by an unaccountable elite, is a prime example of failure to serve the best interest of the American People,” said Senator Lee.  

“This proposed rule clearly violates the law in an attempt to fulfill President Biden’s campaign promise of an open border.  Instead of proposing to reinstate a regulated version of “catch and release”, the Departments should faithfully enforce the laws as written by Congress. President Biden created a crisis at the border on his first day in office by systematically undoing President Trump’s successful policies. This proposed rule is simply the latest action by the Biden administration to weaken our border security and allow illegal entrants from more than 100 nations into our country,” said Congressman Andy Biggs.

Joining Johnson are Senators Mike Lee (R-Utah), John Barrasso (R-Wyo.), Marsha Blackburn (R-Tenn.), John Boozman (R-Ark.), Mike Braun (R-Ind.), Tom Cotton (R-Ark.), John Cornyn (R-Texas), Ted Cruz (R-Texas), Steve Daines (R-Mont.), Lindsey Graham (R-S.C.), Bill Hagerty (R-Tenn.), Josh Hawley (R-Mo.), John Kennedy (R-La.), Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kan.), Jerry Moran (R-Kan.), Rand Paul (R-Ky.), Ben Sasse (R-Neb.), Rick Scott (R-Fla.), John Thune (R-S.D.), Thom Tillis (R-N.C.), Tommy Tuberville (R-Ala.), and Roger Wicker (R-Miss.), and Representatives Andy Biggs (R-Ariz.), Rick Allen (R-Ga.), Jodey Arrington (R-Texas), Brian Babin (R-Texas), Jim Baird (R-Ind.), Dan Bishop (R-N.C.), Jack Bergman (R-Mich.),  Lauren Boebert (R-Colo.), Mo Brooks (R-Ala.), Ted Budd (R-N.C.), Ken Calvert (R-Calif.), John R. Carter (R-Texas), Madison Cawthorn (R-N.C.), Ben Cline (R-Va.), Michael Cloud (R-Texas), Andrew Clyde (R-Ga.), Rick Crawford (R-Ark.), Jeff Duncan (R-S.C.), Louie Gohmert (R-Tex.), Bob Good (R-Va.), Paul Gosar (R-Ariz.), Marjorie Taylor Greene (R-Ga.), Glenn Grothman (R-Wis.), Andy Harris (R-Md.), Yvette Herrell (R-N.M.), Jody Hice (R-Ga.), Doug LaMalfa (R-Calif.), Debbie Lesko (R-Ariz.), Tracey Mann (R-Kan.), Brian Mast (R-Fla.), Tom McClintock (R-Calif.), Mary Miller (R-Ill.), Barry Moore (R-Ala.), Ralph Norman (R-S.C.), Scott Perry (R-Pa.), Bill Posey (R-Fla.), Matthew Rosendale (R-Mont.), Chip Roy (R-Texas), Pete Sessions (R-Texas), Victoria Spartz (R-Ind.), W. Gregory Steube (R-Fla.), Van Taylor (R-Texas), Tom Tiffany (R-Wis.), Ann Wagner (R-Mo.) Randy Weber (R-Texas), and Steve Womack (R-Ark.).      

The full text of the comment can be found here