Texas Strikes Back: Paxton Sues to Stop Biden’s ‘Fast Pass’ Asylum Rule

Texas Attorney General Ken Paxton is once again taking the fight to the federal government, launching a major legal offensive to stop what he describes as a digital 'fast pass' for illegal entry. The latest Ken Paxton border lawsuit takes aim at the Biden administration’s 'Circumvention of Lawful Pathways' rule, a policy that Paxton argues isn't just a failure of enforcement, but a deliberate, illegal workaround of federal immigration statutes designed to facilitate mass migration under the guise of orderliness.

For months, the Department of Homeland Security (DHS) has touted the CBP One app as a solution to the chaos at the southern border. However, according to the lawsuit filed in federal court, the app is little more than a scheduling tool for inadmissible aliens. By allowing thousands of individuals to pre-approve their entry from the comfort of their smartphones, the administration is effectively running a concierge service for people who have no legal right to be in the United States. This isn't border security; it's an invitation.

The Digital Concierge for Inadmissible Aliens

At the heart of the legal challenge is the claim that the Biden administration is using the CBP One app to bypass the actual requirements of the Immigration and Nationality Act. Texas alleges that the administration is pre-approving thousands of aliens for entry who would otherwise be deemed inadmissible under current law. By promising parole to those who use the app, the federal government is incentivizing migration rather than deterring it.

The facts: The lawsuit targets the 'Circumvention of Lawful Pathways' rule specifically because it creates a loophole that Congress never authorized. Under this rule, migrants who schedule an appointment via the app are given a path to entry that circumvents the standard asylum process. Texas argues this is a direct violation of the Administrative Procedure Act (APA). The administration reportedly failed to follow the proper notice-and-comment requirements for such a massive policy shift, effectively rewriting federal law behind closed doors without the public oversight or legislative approval required for a change of this magnitude.

This isn't the first time the administration has tried to hide the true scale of the crisis. From the shadow immigration programs that fly hundreds of thousands of migrants directly into U.S. cities to the latest app-based entry schemes, the goal remains the same: bypass the border, bypass the law, and bypass the American taxpayer.

Bypassing the Law through Bureaucratic Fiat

The conservative case against this rule is simple: the executive branch does not have the authority to invent new categories of entry or to ignore mandatory detention requirements. When the Biden administration uses an app to 'parole' tens of thousands of people into the interior, they are ignoring the statutory requirement that parole be granted only on a case-by-case basis for 'urgent humanitarian reasons' or 'significant public benefit.' Massive, systemic use of an app to process thousands of people daily does not meet that definition.

Furthermore, the lack of transparency is staggering. By skipping the APA's notice-and-comment period, the Department of Homeland Security avoided answering critical questions about how these individuals are being vetted. We have already seen the consequences of lax vetting; recent data suggests the Biden-Harris administration released 99 potential terrorists into the U.S. interior. Paxton’s lawsuit argues that the CBP One app only exacerbates this risk by prioritizing speed of processing over the security of the American people.

The Real-World Cost to Texas

Texas is not suing out of a sense of legal pedantry. The state is under siege. Every inadmissible alien encouraged to come to the border by the promise of an easy 'app-based' entry represents a direct cost to Texas taxpayers. Paxton asserts that the rule further strains Texas law enforcement, which is already stretched thin by Operation Lone Star, and puts an immense burden on social services, healthcare systems, and public schools.

"The Biden administration has repeatedly shown that it is more interested in facilitating illegal immigration than stopping it," Paxton stated regarding the filing. "By using this app to pre-approve inadmissible aliens, they are creating a shadow immigration system that bypasses the laws passed by Congress. Texas will not sit by while our borders are systematically dismantled."

This marks over a dozen lawsuits filed by Texas against the current administration's border policies since 2021. It is a necessary rearguard action against a federal government that has seemingly abdicated its constitutional duty to protect the states from invasion and ensure the laws are faithfully executed. The 'Circumvention of Lawful Pathways' rule is merely the latest example of an administration that views the law as an obstacle to be managed rather than a standard to be upheld. If the courts don't step in to stop this 'fast pass' for illegal entry, the very concept of a sovereign border may soon become a relic of the past.