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Congresswoman Spartz Submits Comment on DHS-DOJ Proposed Asylum Rule

October 20, 2021

WASHINGTON, D.C. – Today, Congresswoman Spartz and her House colleagues submitted comment on the Department of Homeland Security (DHS) and Department of Justice (DOJ) proposed rule on asylum. The proposed rule would make it easier for illegal immigrants to be released into the U.S. through categorical parole, disregard mandatory bars for asylum, and remove adversarial proceedings before an immigration judge from the adjudication of asylum applications.  

Congress gave the DHS Secretary limited authority to grant parole to aliens on a case-by-case basis for urgent humanitarian reasons or significant public benefit. Contrary to this statutory requirement – and in violation of the separation of powers – the DHS-DOJ proposed rule drastically expands the agency’s authority to grant parole, which will undoubtedly result in aliens being paroled into the U.S. based on detention capacity instead of an individualized determination. 

“The disregard of the rule of law and lack of border enforcement by the Biden Administration have led to an all-out crisis on our southern border,” said Congresswoman Spartz. “This proposed rule will not only make matters worse, but it also violates the separation of powers and willfully misinterprets statute. Any material changes to immigration law should be done only by the legislative branch.”

As a member of the House Judiciary Committee’s Immigration Subcommittee, Congresswoman Spartz is working with her colleagues to enact meaningful reforms to our immigration system, including the asylum process. 


Read the full comment here.