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AG Derek Schmidt: Proposed Biden administration asylum regulations will make border crisis worse

Release Date: Oct 21, 2021

TOPEKA – (October 21, 2021) – Changes proposed by the Biden administration to federal regulations for asylum seekers would invite more abuse of the nation’s immigration laws and may be unlawful, Kansas Attorney General Derek Schmidt said.

Schmidt and 15 other state attorneys general submitted formal comments this week concerning rule changes proposed by the U.S. Department of Justice and U.S. Department of Homeland Security.

“The United States faces an unprecedented immigration crisis at the Southern Border,” the attorneys general wrote. “However, much of this crisis was created by the new Administration’s own policies and ‘priorities.’ The changes suggested by the Department’s Proposed Rule, at best, miss the mark, and at worst, shift significant burdens to the States and local communities.”

While the departments say their efforts are designed to expedite the process for asylum seekers flooding the southern border, the attorneys general point out that expediting asylum claims could worsen the crisis by encouraging more non-citizens to travel to the United States and claim asylum.

In addition, the attorneys general said some of the proposed regulations may conflict with immigration statutes enacted by Congress and fail to comply with a recent court order directing the administration to re-implement the Migrant Protection Protocols, commonly known as the Remain in Mexico policy.

Schmidt and the attorneys general note that the proposed regulations fail to consider the impacts on state and local governments. They ask the departments to withdraw the proposed rule.

A copy of the attorneys general comments are available at https://bit.ly/3G8t4OY.

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