May 6, 2022

(Anchorage, AK) – The State of Alaska joined a coalition of states challenging the Department of Justice (DOJ) Asylum Interim Final Rule (IFR), issued by the Biden Administration and set to go into effect at the end of May.

The Asylum IFR establishes a new process for asylum determinations whereby asylum claims are adjudicated following an interview before an asylum officer.

“The Biden Administration is refusing to enforce immigration laws faithfully or adequately,” says Attorney General Treg Taylor. “I am committed to fighting this Administration’s illegal activity that incentivizes an unprecedented level of illegal border activity and will result in further stress on hospitals, schools, jails, and other social services at the local and county level.”

The complaint claims the Asylum IFR is in direct violation of the Immigration and Nationality Act because it empowers an asylum officer, rather than an immigration judge, to finally adjudicate asylum claims, which eliminates the adversarial nature of asylum proceedings and eliminates representation for the interests of American citizens. Immigration judges also have a higher level of independence from political officials than asylum officers, who are more susceptible to political control by the Administration.

Furthermore, the complaint alleges the Asylum IFR violates the Administrative Procedure Act (APA) by deviating too sharply from the initial notice of proposed rulemaking, depriving the States of notice and an opportunity to comment. DOJ fundamentally altered the proposed rule through nearly two dozen substantive changes.

The lawsuit also alleges additional APA violations, claiming that the Asylum IFR is arbitrary and capricious because it fails to address reliance interests in the prior system, fails to consider costs it will impose on the States, fails to consider obvious alternatives, and fails to adequately explain departures from past practices.

“The Asylum IFR increases security threats on America’s borders,” says Governor Mike Dunleavy. “The result will exacerbate the serious problems associated with this failed policy that is causing harm to local communities, threatening public safety and placing additional strains on limited law enforcement resources.”

The Asylum IFR coincides with a number of actions taken by the Biden Administration that have put an enormous strain on immigration enforcement.

“There is no coincidence that the Title 42 Orders are set to be rescinded at the same time as the Asylum IFR is initiated,” the lawsuit asserts. “There is strong reason to suspect that the Administration will attempt to handle the predicted explosion in unlawful crossings by employing the unlawfully lenient standard of the Asylum IFR.”

Alaska joins Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Utah, West Virginia and Wyoming in this action against the DOJ.

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Department Media Contact: Assistant Attorney General Grace Lee or Assistant Attorney General Daniel Cacciatore.