Two days ago, the Biden Regime published its new rule for handling illegals who aren’t pre-legalized to enter the country in one of two ways: through pre-approved authorization, or through U.S. Customs and Border Protection’s smartphone application with which “migrants” can schedule appointments at ports of entry as “asylees” [DHS Continues to Prepare for End of Title 42; Announces New Border Enforcement Measures and Additional Safe and Orderly Processes, DHS.gov, January 5, 2023]. 

Pre-legalization is the regime’s clever sleight of hand to decrease the number of illegals crossing the southwest border when Title 42 public-health expulsions are stopped in May. Illegals will simply become legitimate asylum applicants. But the regime also knows a number of mulish “migrants” will cross the border illegally. Or they’ll show up at ports of entry without pre-authorization or an appointment. They, we are to believe, will be deported. Hilariously, the regime cited the Immigration and Nationality Act, which it has illegally ignored for more than two years, as  grounds for the putative expulsions.

NEW: Today DHS and the @TheJusticeDept are issuing a proposed rule to incentivize the use of new and existing lawful processes and disincentivize dangerous border crossings, by placing a new condition on asylum eligibility for those who fail to do so.https://t.co/PUXPjrqzvF pic.twitter.com/E46Tr0xJ1p

— Homeland Security (@DHSgov) February 21, 2023

For those illegals, the regime claims a “rebuttable presumption” for expulsion unless they face one or more of three dire situations [Fact Sheet: Notice of Proposed Rulemaking “Circumvention of Lawful Pathways”, DHS.gov, February 21, 2023]:

• an “acute medical emergency”; 
• an extreme and imminent threat to their life or safety, such as an imminent threat of rape, kidnapping, torture or murder; or,
• they were victims of a severe form of trafficking. 

Children, of course, are exempt.

If the illegal cannot provide a sound legal reason to stay in the country, “the rebuttable presumption… would be evaluated by an asylum officer as part of the credible fear interview, subject to review by an immigration judge” [Emphasis added].

That process, of course, doesn’t include lawsuits the Treason Lobby lawyers will file to overturn the judges’ negative decisions.

Ignore the MSM/WH/DHS propaganda. Here is reality:

Current process in a nutshell-
✅Cross the border illegally.
✅Claim that you have a fear of returning to your country.
✅Get released into US pending a hearing before an immigration judge.
✅Never show up for your final…

— Border Patrol Union - NBPC (@BPUnion) February 22, 2023

The National Border Patrol Council explained the new rule in a tweet:

Current process in a nutshell-

• Cross the border illegally. 
• Claim that you have a fear of returning to your country.
• Get released into US pending a hearing before an immigration judge.
• Never show up for your final hearing. 
• Disappear and remain in US for the rest of your life. 

Process under new DHS rule-

• Cross the border illegally. 
• Be told you entered the wrong way and that you will be returned.
• Request redetermination before an immigration judge.
• Get released into US. 
• Never show up for your redetermination proceeding.
• Disappear and remain in US for the rest of your life.

“See the difference?” the union asked? “Neither do we.”

H/T: Border Hawk