Most of the provisions in the bill are so loophole-riddled they are worse than irrelevant. One provision allows administration officers to grant asylum without any oversight from judges, who (at least, theoretically) use a set of criteria to adjudicate these cases. “Asylum” might have been stripped of any real meaning, as well, but it’s a mystery why James Lankford wants to hand Alejandro Mayorkas more autonomy on this front. Or any front. (Again, can you imagine Democrats signing onto a bill that handed Chad Wolf more discretion over asylum cases?)
Then again, if there are any legal fights over the implementation of the law, Democrats have cherry-picked the court that will adjudicate. No, not the Fifth Circuit, which inconveniently sits on the border, but the left-wing D.C. District Court will have exclusive authority over “written policy directive, written policy guideline, written procedure” and their implementation.
Meanwhile, Democrats are acting as if they’ve made some giant, historic concession even deigning to address the crisis. But where is the compromise? They’ve rigged the bill, making it so malleable that Biden can basically interpret and implement its provisions in any fashion he chooses.
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