'Alien always wins rule:' Biden invents new way to keep illegals in country with circular process

Texas lawsuit exposes regulatory change limiting judges' power to deport, creating numerous loopholes for aliens.

Updated: May 2, 2022 - 11:25pm

Facing mounting losses in the courts over its immigration policies, the Biden administration has invented a new tactic for keeping as many illegal aliens in the country as possible: Create a circular bureaucratic process loop indefinitely delaying deportation.

The newest tactic was exposed last week in a lawsuit filed by Texas Attorney General Ken Paxton challenging obscure regulatory changes by the Homeland Security Department that shifted the power to deport away from immigration judges to civilian bureaucrats while allowing aliens multiple means of delaying and appealing.

"The Interim Rule sets forth all kinds of exceptions from the procedures and timelines in the new regulations, generally always inuring to the alien's benefit," Paxton wrote in his lawsuit.

"In summary, the Interim Rule transfers significant authority from immigration judges to asylum officers, grants those asylum officers significant additional authority, limits immigration-judge review to denials of applications, and upends the entire adjudicatory system to the benefit of aliens," the suit added.

The vast majority of asylum cases that reach an immigration judge are rejected, about 71% of the time under President Trump, though it fell to 63% in the first year of the Biden presidency. And most aliens are then subjected to expedited removal.

What the Biden administration did is create interim rules that significantly bypass the immigration judges, allowing civilian bureaucrats working for the Customs and Immigration Service to take new actions that delay or circumvent expedited removal.

The Texas lawsuit noted several of the changes, including that "individuals subject to expedited removal and found to have a credible fear of persecution or torture would have their claims for asylum, withholding of removal ... or Convention Against Torture ... protection initially adjudicated by USCIS following a nonadversarial interview before an asylum officer."

Aliens who lose at the immigration court level now can appeal and and get reconsidered by the CIS bureaucracy under most favorable conditions, the Texas suit noted. And aliens who lose at both the court and CIS level and facing "expedited removal proceedings would be eligible for consideration for parole."

John Zadrozny, a former White House immigration adviser to President Trump, told Just the News the new rules have simply created a circular bureaucratic process with little end in sight, meaning most aliens who enter it can stay in America indefinitely for years.

"What this rule basically does is it destroys expedited removal for all intents and purposes, and creates an endless loop of review that will prevent an alien from really ever being removed under the expedited removal process," Zadrozny explained during an interview Monday on the John Solomon Reports podcast.

"We're calling this the 'Alien always wins rule,' because that's basically what it is: It's designed to prevent them from [ever] getting a final negative adjudication" authorizing their removal from the country," Zadrozny said. 

Paxton said his 11th lawsuit since 2021 challenging Biden immigration policies — many of which have already prevailed — is designed to challenge a process that leaves illegal aliens in the driver's seat to stay in the country.

"The last thing Texas needs is for this Administration to make it easier for illegal aliens to enter the U.S. and obtain asylum through false claims and less oversight," Paxton said.

"We know what's going to happen when the rule goes into effect in May 2022: wave upon wave of illegal aliens claiming 'asylum.' It's true that our immigration system is extremely backlogged. But the answer is to secure the border, not overwhelm it even more by enacting cheap, easy incentives for illegal aliens to get into the United States."

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