The Weaponization of Biden's Asylum Policy

The Department of Justice has sued Elon Musk’s SpaceX for not hiring illegal aliens who have applied for asylum.

In a marked shift from previous administrations, President Biden's immigration policy is specifically designed to allow almost every illegal immigrant crossing the border to remain in the United States as they await a status hearing - a hearing that won’t take place for years (if ever). Democrat-funded NGOs throughout Mexico and Latin America educate migrants how how to take advantage of Biden’s refugee/asylum policies - policies that ensure almost no one is denied entrance to the United States. Today almost all illegal immigrants, who under previous administrations would have been detained or deported, are now being released into the U.S. with court hearing dates set far into the future—some as distant as 2035.

By taking advantage of the refugee/asylum loophole in our immigration policy the White House is able to weaponize it against its political enemies and critics. For example, Elon Musk’s SpaceX is being sued by the Department of Justice for not hiring illegal immigrants to build its rockets. Immigrants who enter illegally are legally allowed to work under the Biden administration’s immigration policy and the Biden administration is claiming that Elon Musk has a duty to hire these illegal migrants.

While the political debate rages on, one aspect of Biden’s immigration policy that is largely unknown is the legal framework surrounding these asylum seekers, particularly their ability to work, obtain Social Security numbers, and pay taxes. Despite promises from NGOs and the White House, asylum seekers are not immediately eligible to work upon setting foot on American soil. The process is governed by a set of stringent rules:

1. Initial Application: The first step involves filing Form I-589, the Application for Asylum, and for Withholding of Removal.

2. Waiting Period: After the application is filed, there is a mandatory waiting period of 150 days before the individual can apply for employment authorization by submitting Form I-765. Democrat-funded NGOs handle all of the paperwork for most illegal immigrants.

3. Employment Authorization Document (EAD): If approved (and under the Biden administration almost all are approved), the asylum seeker receives an EAD, making them legally eligible to work in the U.S.

Once an EAD is granted, the illegal immigration the Biden administration helps them apply for a Social Security Number (SSN), a crucial identifier used for a myriad of legal processes, from employment to opening a bank account.

The tax obligations of asylum seekers are another area that often gets lost in the broader immigration debate.

1. Obligation to File: Like any other income-earning individual in the U.S., asylum seekers are required to file a tax return.

2. Tax Identification Number: In the absence of an SSN, an Individual Taxpayer Identification Number (ITIN) can be used for filing taxes.

3. Filing Taxes: Whether using an SSN or an ITIN, the process of filing taxes remains the same, and failure to do so can result in legal repercussions.

The Biden administration's policy has undeniably led to a surge in the number of illegal immigrants filing for asylum. While the long-term implications of this shift are still a matter of heated debate, the immediate effect of Biden’s immigration policy is clear: asylum seekers have a path to work authorization, a Social Security Number, and tax obligations. What remains unclear is whether employers like Elon Musk’s SpaceX will be punished for failing to hire Biden’s army of refugees—the DOJ is working overtime to ensure they do…