Indiana Attorney General Todd Rokita is leading a coalition of 18 Republican states in a legal challenge against the Biden administration's asylum policy, alleging it facilitates an "invasion" at the southern border. Rokita criticizes the administration's approach as "naked lawlessness" and argues that the "Circumvention of Lawful Pathways" rule, implemented after the expiration of Title 42, effectively redefines illegal border crossings as legal pathways.
The contested rule presumes migrants ineligible for asylum if they entered the U.S. illegally and didn't seek asylum in a transit country, although exceptions exist. The administration argues this encourages legal migration, but the lawsuit contends it's a "smoke screen" with loopholes, part of a broader strategy to obscure the border situation. The states also claim the associated parole policies accelerate the granting of quasi-legal status, providing work permits and access to social services, thus increasing the number of undocumented individuals in the U.S.
While the Biden administration points to a 70% drop in border encounters since the end of Title 42 as evidence of the new policies' effectiveness, critics highlight the use of parole programs, admitting 30,000 migrants monthly from Cuba, Haiti, Venezuela, and Nicaragua, along with the CBP One app scheduling 1,250 daily appointments at ports of entry, as alternative means of admitting migrants. Rokita views this as "amnesty on the highest scale" implemented through rulemaking, bypassing Congress.
Rokita emphasizes the nationwide impact of the border crisis, citing increased sex trafficking and financial burdens on states like Indiana, where illegal immigration costs $12,000 per student annually, totaling $10 million. He underscores the unity among the 18 states involved in the lawsuit, demonstrating their concern over the financial strain, disregard for the rule of law, and infringement on state and national sovereignty.
The Biden administration defends its actions, claiming to rebuild a humane border system while addressing the root causes of migration, and blames Congressional Republicans for blocking immigration reform and funding. However, Republican criticism intensifies, particularly regarding the CBP One app, which some lawmakers deride as a "concierge service" for illegal immigrants. Rokita dismisses the app as a facade to manage appearances and facilitate entry without visible border queues.
The lawsuit, alongside challenges to other Biden immigration policies, including the release of migrants without court dates due to overcrowding after Title 42's end, highlights the ongoing legal battles over border security. Rokita acknowledges the protracted nature of these legal challenges but remains determined to pursue the case to its conclusion, emphasizing the importance of applying pressure through legal action.
