House Democrats hot, cold on recent moves by President Joe Biden on asylum, work permits

A group of House Democrats is calling on President Joe Biden to rethink his recent executive action at the U.S-Mexico border.

Earlier this month, Biden announced an executive action to bar asylum for migrants entering the country illegally and cap the number of asylum-seekers allowed to enter the country each day.

The move immediately sparked an impassioned backlash from immigrant rights groups, as well as politicians on both sides of the aisle, but the administration has insisted that the action is necessary in the face of continued inaction on immigration reform in Congress.

House Democrats took another step in opposing the president's measure earlier this month when they drafted a letter to Homeland Security Secretary Alejandro Mayorkas and Citizenship and Immigration Services Director Ur M. Jaddou objecting to the Biden administration action.

U.S. Rep. Veronica Escobar, D-El Paso, a co-chair on Biden's reelection committee. was among the Democrats who signed the letter.

The "mandatory bars to asylum during initial asylum screening interviews will force asylum seekers to present legally and factually complex arguments explaining the life-threatening harms they are fleeing shortly after enduring a long, traumatic journey and while being held in immigration detention and essentially cut off from legal help," the letter states.

The letter marks Escobar's second break with the president over the executive action — shortly after it was announced, she wrote in a statement that she was "disappointed" with action's focus on enforcement.

'Dramatically expand access to legal counsel'

In the letter, lawmakers argued that Biden's latest move at the border will leave arriving migrants with little time to prepare themselves for an intensive asylum screening.

"Without serious effort to dramatically expand access to legal counsel for asylum seekers during initial screenings and without evidence of having comprehensive safeguards assuring asylum officers can fairly conduct the fact intensive, legal analysis required to adjudicate bars during initial screenings," the letter stated, "the proposed rule would very likely undermine basic principles of fairness, the humane treatment of those fleeing persecution or torture, and our nation’s compliance with due process and non-refoulement obligations."

The lawmakers chided Biden over comments he made two years ago insisting that the kind of bars he's now put in place would make asylum screenings "less efficient" and undermine "Congress’ intent that the expedited removal process be swift."

The letter said the president's action "cannot be responsibly implemented" and called for it to be rescinded.

"The proposed rule unfairly frontloads highly fact-specific and nuanced legal questions that starve asylum seekers of the opportunity to put their best case forward with guidance from an attorney," the letter stated. "As such, this proposed rule cannot comply with existing due process and non-refoulement obligations and contravenes congressional intent, and we urge USCIS to rescind the proposed rule."

"Unless the administration dramatically expands access to legal counsel for asylum seekers in immigration custody and ensures comprehensive safeguards against sending asylum applicants with valid claims back to persecution," it added, "the rule cannot be responsibly implemented."

Encouraging news on work permits

But even as Democrats are taking the president to task over his executive action on asylum, an executive order on Tuesday, June 18, saw some of the same lawmakers celebrating.

The action expands protections and work permits for undocumented spouses of U.S. citizens and graduates of U.S. universities, including Dreamers.

“There are hundreds of thousands of American families today who have been forced to live apart or relocate to another country because of draconian provisions in the Immigration and Nationality Act that prevent undocumented spouses of Americans from getting any legal protections whatsoever," Escobar said in a statement June 18. "Today’s presidential actions, the culmination of years of arduous work and advocacy, puts us leaps and bounds closer to rectifying that wrong.”

Biden's move was inspired by proposed legislation from Escobar, the American Families United Act, which she has introduced every year since first being elected to Congress.

“Obstruction by congressional Republicans has made passing any kind of immigration legislation impossible, despite the clear economic and humanitarian benefits to doing so," she said. "President Biden has consistently used his executive powers to create additional legal pathways for immigrants, and today’s joyous announcement will help keep many of these mixed-status American families together.”

Escobar wasn't alone — U.S. Rep. Colin Allred, D-Dallas, who is currently embroiled in a campaign against U.S. Sen. Ted Cruz, R-TX, likewise celebrated the move.

“Our immigration system is broken, and Texans need action to ensure that our immigration system can meet the needs of our economy,”Allred said in a statement.“Though there is no substitution for Congressional action in the form of comprehensive immigration reform, this is a common-sense step that will grow our economy and help folks who want to work to get out of the shadows."

"This is one part of the solution," he added, "and I will keep working to secure our border and fix our immigration system ...”

Not everyone was pleased, however — Cruz said in a statement that the latest moves is proof that Biden "has utterly abandoned the American people."

“This amnesty program allows illegal aliens to get citizenship and vote in future elections," Cruz said. "Make no mistake: Joe Biden views every illegal alien as a future Democrat voter. That is why he is willing to look the other way while Americans are being murdered, our communities are being overrun by crime, and our young people are being poisoned by fentanyl flowing across the border — he views the American people’s suffering as an acceptable price to pay to gain future Democrat voters."

"Democrats are out of touch with the American people," he continued. "They have given up trying to persuade American citizens that their ideas are rational and good for the country, and they are instead importing illegal aliens."

This article originally appeared on El Paso Times: 18 House Dems call on Biden to rescind executive action on asylum