Biden Administration Proposes Stronger Deportation Regulations

The Biden administration, looking to stem the tide of migrants entering the country illegally at the U.S.-Mexico border, announced a proposal Tuesday that would result in quick deportations of those not pursuing a lawful pathway to entry, or who do not first seek asylum in one of the countries they travel through to get to the border, with some exceptions.

The proposed Department of Homeland Security regulation, which is now open to a 30-day period of public comment, is getting strong criticism from immigration advocates, who are likening it to policies that were in place during the Trump administration, while it is getting faint praise from some of the president's usual critics.

The new policy would likely take effect just as Title 42 — a pandemic-related health measure that’s allowed asylum seekers to be deported to prevent the spread of disease — is being lifted in May.

No member of Oklahoma's congressional delegation is more familiar with the surge in unlawful migrant crossings at the southwest border than Senator James Lankford, ranking member of the Senate Homeland Security subcommittee on border management.

"I understand the reality and difficulties of trying to be able to deal with immigration," Sen. Lankford (R-OK) said in an interview in January.

Lankford has made more than a half dozen trips to the border since Joe Biden became president and an uptick in border crossings that started in late 2020 became an unprecedented surge.

Lankford blames the influx directly on Biden's policies and noted that in December, a month when crossings usually dip, there were a quarter of a million attempts.

"The border patrol on the southern border said to me, 'It’s like living through a hurricane every day, just day after day after day,'" Lankford recalled.

Just days prior to the interview, President Biden did what Lankford and others had long been urging -- visited the border himself.

"The president had the opportunity to see [the chaos] firsthand and we’ll see if he comes back and says, 'Okay, we need to act on this,'" Lankford said. "Asylum in the rest of the world is set up pretty straightforward: if you're fleeing from persecution, you go to the next safe spot."

The rule proposed Tuesday would essentially put that in place, turning away anyone who fails to request asylum in another country on the route to the U.S., or who doesn't inform border patrol in advance, through an app, of their plans to seek asylum.

It's that second part that concerns Lankford. He released this statement Wednesday:

“I’m glad to see that this administration is finally starting to acknowledge that there’s a crisis at the southern border that must be addressed. The asylum proposal has multiple problems and gaps, but at the very least is some action to slow the record flow of illegal crossers coming across the border, which has been facilitated by this Administration. Unfortunately, the broad use of parole for people coming into the US doesn’t actually stop illegal immigration and could lead to broader global issues as the whole world is invited to now apply from their home country for asylum and parole into the U.S.”

The rule is likely to face legal challenges.