Hoeven, 29 Republicans denounce proposed rule to change asylum process

U.S. Sen. John Hoeven (R-ND) last week joined 29 of his Republican colleagues in introducing a resolution to dissolve a proposed Biden administration rule that would amend regulations for how the U.S. government grants asylum claims. 

“The Biden administration is encouraging individuals to not only cross our border illegally but also removing the ability to detain them,” Sen. Hoeven said. “The number of illegal migrants crossing the southern border is already at a record high, and this rule would only make the situation at our southern border worse.”

Sen. Hoeven on April 28 cosponsored Senate Joint Resolution (S.J.Res.) 46, which would provide “congressional disapproval” of an interim final rule submitted by the U.S. Department of Justice and the U.S. Department of Homeland Security entitled “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers.” 

Specifically, the departments’ proposed interim final rule, published in the March 29 Federal Register, would amend regulations governing the procedures for determining certain protection claims and available parole procedures for individuals subject to expedited removal and found to have a credible fear of persecution or torture, according to the published rule, which is set to go into effect on May 31, the same day comments are due on it, according to the Federal Register. 

One of the proposed reforms would permit migrants crossing the border illegally who claim asylum to have their asylum application approved by U.S. Citizenship and Immigration Services officials rather than immigration judges, as is currently the process, and to not be detained while their application is pending, according to information provided by Sen. Hoeven’s office.  

The joint resolution — which is sponsored by U.S. Sen. Ron Johnson (R-WI) and 29 other cosponsors, including U.S. Sens. Marsha Blackburn (R-TN), Steve Daines (R-MT), Jerry Moran (R-KS), Thom Tillis (R-NC), and Roger Wicker (R-MS) — proposes that “such rule will have no force or effect,” according to the text of the S.J.Res. 46, which has been referred to the U.S. Senate Judiciary Committee for consideration.