May 5 2022

WASHINGTON, D.C. – U.S. Senator Thom Tillis (R-NC) along with 29 Senators and other House Republicans introduced a resolution of disapproval under the Congressional Review Act to dissolve a proposed Biden Administration rule that would illegally upend the process by which the U.S. government grants asylum claims.

“With the crisis at the border causing an ongoing surge in human trafficking and the smuggling of illegal drugs, we cannot suddenly upend the necessary detention process set by Congress,” said Senator Tillis. “We have to have order at our border and upending the asylum process would only encourage more illegal immigration, making our nation less safe. I am proud to work with my colleagues to repeal this reckless and irresponsible decision by the Biden Administration.”                          

The rule, “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers,” would exacerbate the crisis at the southwest border and encourage fraudulent asylum claims by allowing illegal border crossers who claim asylum to have their asylum application approved by U.S. Citizenship and Immigration Services (USCIS) officials, not immigration judges, and to not be detained while their application is pending.   

On October 19, 2021, Senator Tillis joined 23 Senate Republicans and 66 House Republicans to submit public comment to the Federal Register in opposition to the rule.  The comment noted: “The proposed rule represents a blatant violation of the laws passed by Congress. It ignores the mandatory detention requirements of aliens claiming asylum through mass parole, violates the principles of separation of powers, and inappropriately shifts the roles of USCIS and Executive Office of Immigration Review.” 

The Congressional Review Act (CRA) can be used by Congress to overturn certain federal agency regulations and actions through a joint resolution of disapproval. If a CRA joint resolution of disapproval is approved by both houses of Congress and signed by the President, or if Congress successfully overrides a presidential veto, the rule at issue is invalidated.

The full text of the resolution can be found here.