Court Denies Biden Administration’s Effort to Dismiss Texas Lawsuit Against Unconstitutional Asylum Rule
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Texas Attorney General Ken Paxton’s lawsuit against the Biden Administration’s “asylum rule” will move forward after a court denied the federal government’s attempt to dismiss the case. The U.S. Department of Homeland Security’s Asylum Rule transfers authority given by Congress away from immigration judges to asylum officers. This rule violates both the statutory system Congress established as well as the Appointments Clause of the Constitution. The federal government moved to dismiss the suit by claiming that Texas did not have standing to sue. The court rejected the Administration’s claims and allowed Texas’s lawsuit to continue, a significant development that provides a precedent for other courts to find that Texas has standing to challenge the Biden Administration’s unlawful immigration policies.
Court Denies Biden Administration’s Effort to Dismiss Texas Lawsuit Against Unconstitutional Asylum Rule
Court Denies Biden Administration’s Effort to…
Court Denies Biden Administration’s Effort to Dismiss Texas Lawsuit Against Unconstitutional Asylum Rule
Texas Attorney General Ken Paxton’s lawsuit against the Biden Administration’s “asylum rule” will move forward after a court denied the federal government’s attempt to dismiss the case. The U.S. Department of Homeland Security’s Asylum Rule transfers authority given by Congress away from immigration judges to asylum officers. This rule violates both the statutory system Congress established as well as the Appointments Clause of the Constitution. The federal government moved to dismiss the suit by claiming that Texas did not have standing to sue. The court rejected the Administration’s claims and allowed Texas’s lawsuit to continue, a significant development that provides a precedent for other courts to find that Texas has standing to challenge the Biden Administration’s unlawful immigration policies.