FAIR Moves to Enforce Laken Riley Act

Shows Fifth Circuit it should jumpstart case against Biden’s Asylum Express

WASHINGTON—The Federation for American Immigration Reform (FAIR) has filed a brief ([link removed]) in the Fifth Circuit Court of Appeals urging the court to restart a stalled case that Louisiana, Kansas, and other states had brought against the Biden administration’s rule meant to increase the number of aliens receiving asylum.

Before the case reached the Fifth Circuit, the federal district court hearing it concluded that Biden’s rule was unlawful, but it also concluded that the states lacked standing to challenge it because, in the court’s view, the speeded-up asylum process the rule established did not “specifically” harm the states.

While the case was on appeal, the administrations changed, and the Trump administration, now the defendant, moved to have the appeal put in abeyance while it considered what new, better rule to replace the Biden rule with. Over the states’ objection, the court granted the motion.

In January of this year, however, Congress passed the Laken Riley Act, a pro-enforcement law that, among other provisions, directs federal courts to expedite challenges to lax immigration policies “to the greatest extent practicable.” In its brief, FAIR brings this directive to the court’s attention and urges it to take the case out of abeyance and issue a ruling.

“The problem with letting this appeal lie moribund while waiting for a new rule from the Trump administration is that any new and better asylum rule would be immediately challenged and enjoined in some handpicked activist district court,” said Christopher J. Hajec, Deputy General Counsel of FAIR. “That would just keep Biden’s Asylum Express on the books even longer. Also, a Fifth Circuit ruling that the Biden rule is indeed unlawful, and that states do have standing to bring these kinds of cases, would be useful both to the administration and to the country. We hope the court, on its own initiative, heeds the directive of Congress and expedites this case.”

The case is
Louisiana v. Bondi, No. 24-30359 (Fifth Circuit).

ABOUT FAIR

Founded in 1979, FAIR ([link removed]) is the country’s largest immigration reform group. With over 3 million members and supporters nationwide, FAIR fights for immigration policies that serve national interests, not special interests. FAIR believes that immigration reform must enhance national security, improve the economy, protect jobs, preserve our environment, and establish a rule of law that is recognized and enforced.

To schedule an interview with one of FAIR's
spokespersons, contact:

Hayley Hill

[email protected]
Learn More About FAIR ([link removed])
[link removed]
[link removed]
[link removed]
[link removed]

View this email in your browser ([link removed])

Copyright (C) 2025 Federation for American Immigration Reform. All rights reserved.
Federation for American Immigration Reform
25 Massachusetts Ave, NW, Suite 330
Washington, DC 20001-1430
USA

Want to change how you receive these emails?
You can update your preferences ([link removed]) or unsubscribe ([link removed])