Indiana's Republican attorney general is suing the Biden administration to block new "legal pathways" for immigrants that some say actually make it easier to enter the country unlawfully.
The administration claims the new rule, called Circumvention of Legal Pathways, creates a more "lawful, safe, and orderly" process.
But attorney general Todd Rokita (R) said Biden's "Orwellian" new plan facilitates illegal immigration while simply calling it something else.
On paper, the rule blocks illegal immigrants from claiming asylum if they fail to do so in a third country first, but the rule's "legal pathways" are generous.
Among other loopholes, the new rule allows illegal immigrants to enter the country as long as they first schedule an appointment at a port of entry using a mobile app.
The rule even creates exceptions for immigrants who cannot use the app because of a language barrier or other difficulties.
Rokita said Biden "gives the game away" in the rule's fine print. The real purpose is to incentivize illegal immigration "while avoiding the bad optics" of chaos at the border, he writes.
"These aliens, who previously would have had to cross the border illegally, will still lack lawful status in the United States (though with a false imprimatur of legality, thanks to the Biden Administration’s unlawful procedures), and the States will still be forced to bear the cost of their presence," the lawsuit says.
Biden also created a new parole program that will bring an estimated 360,000 Venezuelans, Cubans, Nicaraguans, and Haitians into the country by the end of 2023.
Republicans have challenged Biden's use of parole as an extraordinary abuse of discretion that "allows hundreds of thousands of aliens to enter the United States who otherwise have no basis for doing so."
It is estimated Biden has allowed over 1 million immigrants into the country through parole since his presidency began, and some 80,000 immigrants have used the mobile app to enter since January.
While Biden's "legal pathways" rule might create better optics for his re-election campaign, Republicans have dismissed the policy as a thinly veiled backdoor.
"We’re now seeing more than 10,000 illegal border crossings occurring within some 24-hour periods,” Rokita said. “These are the highest numbers ever and a large portion of these people are hardened criminals and cartel members. We cannot long endure this kind of invasion.”