Indiana Attorney General Todd Rokita (R) is filing suit against President Joe Biden’s administration for a new federal rule that seeks to convert illegal immigration into “lawful pathways” to more readily release border crossers into the United States, Breitbart News has exclusively learned.
The federal rule, finalized this month, entices foreign nationals to come to the U.S.-Mexico border under a series of so-called “lawful pathways,” such as seeking parole for direct release or through the administration’s migrant mobile app known as “CBP One” that allows users to schedule appointments at the border for release into the U.S. interior.
The lawsuit, reviewed exclusively by Breitbart News before its filing in court, challenges the federal rule by claiming that it merely recharacterizes the legal definition of illegal crossing to circumvent the law.
“In a truly Orwellian twist, the federal government has depicted this latest measure as a tool for reducing illegal immigration,” Rokita told Breitbart News in a statement. “As a matter of fact, this new rule would make it even easier to illegally immigrate into the United States — and everyday Hoosiers, right here, in Indiana, would pay the price.”
Rokita’s lawsuit — where he is joined by a number of other Republican attorneys general — argues that between the administration’s parole pipeline and the migrant mobile app, the federal rule “will do little to prevent the resulting irreparable harm” to states where border crossers and illegal aliens ultimately resettle.
The lawsuit states:
The Circumvention Rule claims that it will reduce illegal immigration by introducing a “rebuttable presumption of asylum ineligibility for certain noncitizens who neither avail themselves of a lawful, safe, and orderly pathway to the United States nor seek asylum or other protection in a country through which they travel.” However, the Circumvention Rule itself gives the game away, explaining that aliens who use the CBP One app to “schedule” their entry into the United States at a specific Port of Entry (POE) will be “exempted from this rule’s rebuttable presumption on asylum eligibility.” The real purpose of the Circumvention Rule is to incentivize “an increasing number of migrants” to use the CBP One app to make bogus asylum claims, all while avoiding the bad optics of crowds of illegal aliens “wait[ing] in long lines of unknown duration at the POEs.” [Emphasis added]
The Circumvention Rule references a new “process” that is unlawful and would allow vast numbers of aliens to enter the country and receive instant work authorization and quick access to public benefits. These aliens, who previously would have had to cross the border illegally, will still lack lawful status in the United States (though with a false imprimatur of legality, thanks to the Biden Administration’s unlawful procedures), and the States will still be forced to bear the cost of their presence. [Emphasis added]
This Court should therefore declare the Circumvention Rule unlawful, vacate it, and enjoin Defendants from implementing it, together with their other associated and unlawful parole practices. [Emphasis added]
“We’re now seeing more than 10,000 illegal border crossings occurring within some 24-hour periods,” Rokita said. “These are the highest numbers ever and a large portion of these people are hardened criminals and cartel members. We cannot long endure this kind of invasion.”
Through Biden’s parole pipeline alone, more than a million border crossers and illegal aliens have been released into American communities from January 2021 to February 2023 — a foreign population that exceeds six states.
Likewise, Biden’s migrant mobile app has released close to 80,000 foreign nationals into the U.S. interior from January 12 to the beginning of this month. The figure indicates that the Biden administration is releasing more than 1,000 foreign nationals into the U.S. interior every day via the app.
The lawsuit is set to be filed in the U.S. District Court for the Western Division of North Dakota.
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John Binder is a reporter for Breitbart News. Email him at email@example.com. Follow him on Twitter here.