Texas sues Biden for 'illegally pre-approving' illegal immigrant entries

May 28, 2023
Robert Ayers

Texas has sued the administration of President Joe Biden over its use of a mobile application to preapprove illegal immigrant entries into the United States. 

Texas Attorney General Ken Paxton (R) announced the lawsuit on his website.

What's going on?

Earlier this month, Title 42 - the Trump-era immigration policy that was used to rapidly expel illegal immigrants from the United States - came to an end after Biden chose not to renew it.

Instead, the Biden administration put forth a new rule that requires those seeking asylum to make their request from a third country before arriving in the United States. There is where the mobile application comes in.

Known as Customs and Border Protection (CBP) One, the application allows migrants to schedule an appointment with U.S. border agents. And, as long as they do so at least 14 days ahead of time, they can show up at one of the ports of entry along the U.S.-Mexico border to be allowed entry into the United States.

The U.S. Department of Homeland Security has insisted that it is a "safe, orderly, and humane way and reduces unlawful immigration."

That's not how Paxton sees it

Paxton sees the app as an attempt by the Biden administration "to circumvent federal law to 'streamline' the process of illegal aliens entering the United States unlawfully. "

Paxton's website states:

Federal law makes clear that those entering the country illegally should be expelled from the United States, except in very rare circumstances. However, the Biden border app does not and cannot verify that an illegal immigrant would qualify for an exception, which would prevent them from being deported. The Biden Administration is therefore encouraging illegal aliens to come to the United States, even if they do not qualify to stay in the country.

Hence, the lawsuit - to put a stop to this circumvention of federal law.

Paxton's statement

Paxton has released a statement on the matter in conjunction with the lawsuit.

Regarding the mobile application, Paxton said:

The Biden Administration deliberately conceived of this phone app with the goal of illegally pre-approving more foreign aliens to enter the country and go where they please once they arrive.

Paxton went on to say that this is part of the Biden administration's larger plan to find "new ways for illegal aliens to stream into this country."

Paxton said:

Joe Biden, Alejandro Mayorkas, and the entire Biden Administration have prioritized creating and protecting new ways for illegal aliens to stream into this country, no matter the cost or consequence to struggling American citizens. Time after time, my office has shown that we will fight back in court to defeat their unlawful open-borders policies. We intend to stop this rule from wreaking further havoc on the people of Texas.

The case is known as Texas v. Mayorkas. It is taking place in the U.S. District Court for the Western District of Texas. The docket number is 2:23-cv-00024.

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