Biden’s Border Policies and the Limits — and Excesses — of the Bureaucratic State

SCOTUS left Republicans two options to secure the border — withholding funding or impeachment; they’ve chosen both

President Biden's disastrous border policies underscore - and are increasingly testing - the limits of this informal system, which has led to a "Test of strength" between congressional Republicans and the White House over funding and impeachment.

Policies pertaining to the entry of aliens and their right to remain here are peculiarly concerned with the political conduct of government.

Speaking of border control and mandates, it's well-established that section 235(b) of the INA requires DHS to detain all inadmissible alien "Applicants for admission", including illegal entrants, until they are either removed from the country, admitted, or granted some permanent status.

In the first three years of the Biden administration, by contrast, DHS has released at least 88.5 percent of all the applicants for admission it has encountered at the Southwest border who weren't expelled under Trump-era Title 42 orders.

The Biden administration has employed that concept in extremis when it comes to taking "Enforcement action" - collectively the investigating, questioning, apprehending, detaining, prosecuting, and removing of deportable aliens - both at the border and in the interior.

The administration claims that it lacks detention space, so it ignores those border detention mandates in section 235(b) of the INA and the limits on its parole authority.

Various states have sued the Biden administration to force it to either detain border migrants or reinstate Trump's "Remain in Mexico" program, as well as to arrest, detain, and remove criminal aliens. 

https://cis.org/Arthur/Bidens-Border-Policies-and-Limits-and-Excesses-Bureaucratic-State