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Texas Attorney General Ken Paxton is suing the Biden Administration for attempting to codify the controversial ‘catch and release’ border policy into federal law. If the policy is restructured, migrants would be released into the U.S. while their asylum claim is pending.

From the Texas Tribune…

Under the new process, asylum-seekers could be released into the country pending the outcome of their cases instead of being held in custody. If a migrant apprehended at the border claims they could be persecuted or tortured if they return to their home country, the asylum officer would decide if they have a credible claim. If the officer declines an asylum claim, migrants could appeal to an immigration judge.

Paxton says the rule is an unconstitutional change in immigration law.

In a brief filed Monday, the plaintiffs said:

The immigration laws do not give the Defendants permission to give themselves permission to change the immigration laws to their liking—Congress has put laws into place that the Defendants must follow, and those laws do not permit wholesale usurpation of powers that must be exercised by constitutionally appointed officers. The Defendants’ Interim Final Rule permitting them to grant asylum at their leisure is illegal, and the Court should enjoin them from implementing it.

Paxton, who recently won his primary, has been strong on immigration —even locking down the endorsement of former President Donald Trump.

“Honored to have President Trump supporting me. We need to make this county safe again,” Paxton shared on Twitter, along with a message from Trump.