The Biden Regime has been caught with their pants down on the border. There is nothing but bad news as fraudulent claims that their pivot to enforcement and a crackdown on the border is “producing results” dominate the news.

Instead, the first two quarters of Fiscal Year 2023 have record numbers of illegal aliens crossing the border—over 1 million arrested, surrendered, or got away.

In fact, the whole plan is a bait-and-switch: illegal aliens turned away or discouraged from attempting illegal entry are either just being admitted, except for those who are Venezuelan, Nicaraguan, Cuban, or Haitian, while those four are being advised to wait in their home countries, in safe third countries, or in Mexico for the parole amnesty.

The boob-bait-for-bubbas is that the Biden Regime is adopting the Safe Third Country protocol for asylum applicants, whereby if an alien enters the United States and then claims asylum, but traveled through a safe third country, like Mexico, Costa Rica, Panama, Brazil, Colombia, etc., that alien will be denied asylum and then removed, usually back to Mexico if they entered through there.

The Biden administration is barreling towards a legal fight with immigration groups after rolling out a new asylum policy similar to a Trump-era directive already struck down by the courts.

The tussle between the administration and its would-be allies on immigration has been brewing for years, but it hit a head Tuesday, when the administration unveiled a proposed rule taking two big hits at the asylum system.

The proposal from the Department of Homeland Security (DHS) and the Department of Justice (DOJ) seeks to geographically contain asylum-seekers by pushing them to pursue protection in another country along their journey.

It also restricts where those who arrive at the U.S. border can make the claim—barring the process for those crossing between ports while also imposing new limitations for those who present themselves at official points of entry.

Advocates Say Biden’s Asylum Rule Is A Trump Deja Vu, by Rebecca Beitsch, The Hill/Yahoo News, February 25, 2023

It appears that they radical open borders advocates don’t get the program. Either they are not that bright, or are just “Mau-Mauing the Flak Catchers.” The end result of the Biden Parole Amnesty is that all those who want to get in, will get in—it is just that members of the four countries in question  must go through the motions of applying for parole. But the Biden Regime has reserved to itself the right to allow in even Venezuelan, Nicaraguan, Cuban, or Haitian “refugees” who enter illegally if they can’t find a sponsor, or otherwise have extenuating circumstances.

It may be that the lawsuits filed by the Open Borders advocates will be counterproductive. This could spur the courts to see the scam that the Biden Regime is running with their parole amnesty, which is already under legal assault.

Worse yet, the open borders advocates are on poor legal footing on the issue. The Immigration and Nationality Act (INA) clearly states that the President has the authority to place conditions and restrictions on all classes of aliens seeking admission, including refugees.

(f) Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.

[Title 8 United States Code, Aliens And Nationality, Section 1182, Inadmissible Aliens, uscode.house.gov]

But the radical left open borders advocates are not backing down and have threatened lawsuits which they think will be successful.

“The additional requirements suggested by the proposed rule would not be consistent with our domestic or international asylum laws. So if this rule is enacted, we will be back in court,” Gelernt said.

But the real motive behind their lawsuit is not protecting legitimate asylum seekers, of which 99% are fraudulent, but opening up the borders to more Third World immigration.

Advocates and many Democrats view asylum as a legitimate tool for migrants to seek refuge in the United States, whether or not they fit the traditional definition of asylum-seekers and refugees.

And there is the key phrase, “whether or not they fit the traditional definition of asylum-seekers and refugees.” By “traditional definition” they admit that those claiming asylum do not meet the legal definition of asylee or refugee. That is the crux of the issue. The Open Borders advocates want fraudulent asylees and refugees admitted to the United States. Since the legal definition of an asylee or a refugee is not met, that being an alien who is fleeing a fear of persecution by the government of their country of nationality or last residence, they effectively want open borders. It is an admission that refugee and asylum programs are nothing more than legal fictions disguising an open border.