Joseph B. Edlow, the former director of U.S. Citizenship and Immigration Services (USCIS), recently testified before the U.S. House Committee on Oversight and Accountability. In his testimony, Edlow examined the current state of immigration and evaluated the measures taken by the Biden Administration at the border.
In his testimony, Edlow said, "Using a cadre of intentional mechanisms, the Biden Administration has waged war against the immigration system of the United States". He further stated that "The results speak for themselves" and added that "As each memorandum, regulatory action, or policy decision is announced, the crisis at the southwest border grows exponentially."
According to Edlow's testimony, he argued that the Biden Administration’s policies are leading to an increase in encounters, evasions, and backlogs which are overwhelming the system intentionally. He suggested that committees such as the U.S. House Judiciary and U.S. House Homeland Committees should scrutinize the Administration's actions since January 2021 which he believes have resulted in crises. He urged for oversight over both Department of Homeland Security and Department of Justice to clarify non-enforcement of laws and rectify damages to restore integrity in immigration system.
Edlow first focused on Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., a doctrine stating that if Congress has addressed a specific issue with clear intent, an agency cannot act independently. However, he contested that despite a well-defined Congressional mandate, Biden Administration's regulatory initiatives have reinterpreted clear statutes and imposed its own policies.
In his testimony, Edlow also discussed a proposed rule titled "Circumvention of Lawful Pathways", which he labeled as "ineffective". He claimed it is another instance where Biden Administration is removing immigration barriers through executive orders. He stated "The rule may be framed as an enforcement tool to limit the number of aliens who will ultimately be able to receive asylum, however, we are hard-pressed to find any examples of classes of aliens who will actually be kept out of the process under this rule."
Edlow further argued that parole programs have permitted mass entries without appearances before immigration judges, despite the claim of limited pathways. He cited Customs and Border Protection (CBP) statistics which indicate over 95,000 paroles granted in September 2022 and 130,000 in December 2022. Edlow contended that Biden Administration has also expanded parole programs for nationals of specific countries, deviating from lawful practices.
"This is all smoke and mirrors however as it is supplanting one form of illegal entry for another. This is not to suggest that parole is akin to an illegal entry but a recognition that parole usage in this fashion is unlawful," Edlow said.
In his testimony, Edlow asserted that Biden’s actions, regulations, and policies consistently aim to admit individuals without valid claims to stay in the United States, "in flagrant disregard" of Congress's intended law. He called for these laws to be reversed and urged Congress to implement changes.
According to the Congressional hearing page, Edlow has served in many government roles including acting director of USCIS and chief counsel at USCIS. He also served in the Department of Justice (DOJ) and worked in the U.S. House of Representatives as a trial attorney for U.S. Immigration and Customs Enforcement (ICE). He is currently the founder of The Edlow Group LLC.
