Carr Challenges Biden Administration’s Unlawful Attempt to Fast-Track New Asylum Procedures

ATLANTA, GA – Attorney General Chris Carr today filed suit against the Biden administration's proposed rule for asylum procedures at the border. This new rule would undermine crucial safeguards to our nation's immigration system by making it substantially easier for unauthorized migrants to enter the U.S. and obtain asylum through false claims – a move that would incentivize even higher rates of illegal immigration. The Biden administration has proposed that this new rule take effect only eight days after its planned termination of the Title 42 public health order, which Carr and 20 other attorneys general temporarily stopped following a ruling from a federal judge on April 25, 2022.

“While Americans on both sides of the aisle express overwhelming concern over attempts to end Title 42, the Biden administration has proposed a new rule that would essentially pave the way for mass asylum claims amid an influx of illegal immigration,” said Carr.

“This new rule would effectively undermine one of the few security measures that remain in place at a time when border encounters are at a record high and public safety is top of mind for every single community. Until the federal government takes the necessary steps to address this growing crisis at our nation’s border, we will continue to push back to protect our state and our fellow Georgians.”

The Biden administration’s proposed rule would essentially strip from immigration judges the authority to decide and reject meritless asylum claims and would transfer that authority to U.S. Department of Homeland Security (DHS) employees. The current system, which the proposed rule attempts to replace, helps to ensure fraudulent claims are identified and addressed appropriately. 

Under the Biden administration, the U.S. has experienced an increase in the number of unlawful crossings into the U.S., among other alarming trends. Just last month, U.S. Customs and Border Protection (CBP) encountered 221,303 migrants at the southern border – the highest number under the Biden administration.

In filing suit, Georgia and 13 other states are asking the court to block the Biden administration from making this interim final rule permanent. Specifically, the lawsuit asserts that the proposed rule:

• Exceeds DHS authority;
• Is arbitrary and capricious; and
• Illegally bypassed notice and comment. 

In addition to Georgia, the following states have also joined in filing suit: Arizona, Arkansas, Florida, Idaho, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma and South Carolina. The lawsuit was filed in the U.S. District Court for the Western District of Louisiana (Lafayette Division). Access a copy of the suit here . 

Fighting the Biden Administration's Dangerous and Unlawful Immigration Policies

On April 14, 2022, Carr and 20 attorneys general filed suit against the Biden administration's unlawful termination of Title 42. 

On April 21, 2022, Carr and 20 attorneys general filed a motion challenging the Biden administration’s failure to enforce Title 42 nearly a month before the Centers for Disease Control and Prevention planned to lift the public health order altogether. This motion resulted in the April 25, 2022, order that temporarily stopped the administration from ending Title 42.

Earlier this month, Carr joined two other attorneys general in filing suit against the Biden administration's dangerous and unlawful immigration policy that seeks to avoid the deportation of many illegal immigrants, including those convicted of drug trafficking, domestic assault and other criminal offenses. In August 2021, Carr joined 15 attorneys general in filing an amicus brief to stop this same unlawful immigration policy, then considered Interim Guidance.

In February 2021, Carr joined 17 attorneys general in urging the Biden administration to reverse its last-minute cancellation of Operation Talon, a nationwide U.S. Immigration and Customs Enforcement operation that focuses on the removal of convicted sex offenders who are illegally present in the U.S.

In January of this year, Carr joined 15 attorneys general in urging the Biden administration to strengthen its efforts to fight the influx of deadly fentanyl that is flooding into the country from Mexico and China.

Finally,  in February , Carr also joined 13 attorneys general in calling for the resignation of DHS Secretary Alejandro Mayorkas for his refusal to enforce the law and secure the border.