Biden's Border Executive Action: 'All for Show,' Says Former Virginia AG

An internal Border Patrol memo obtained by Fox News reveals that agents are being instructed to release single adults from all but six countries in the Eastern Hemisphere, prompting criticism from former Virginia Attorney General Ken Cuccinelli.

Former Virginia Attorney General Ken Cuccinelli has slammed the Biden administration's approach to immigration policy, terming the president's executive border action as "all for show."

A recent Border Patrol memo obtained by Fox News has raised concerns, as it instructs agents in the San Diego sector to release single adults from all but six countries in the Eastern Hemisphere. These individuals are classified as "hard" or "very hard" to remove.

The memo was issued after President Biden signed an executive order last week, suspending asylum for most illegal immigrants. The order aims to address the increasing number of unauthorized border crossings.

However, critics argue that the provisions of the memo and the order undermine the administration's stated goals of deterring illegal immigration and ensuring border security.

"This is all for show," Cuccinelli said. "The administration is essentially sending a message to the world that our borders are open, and anyone can enter our country without fear of being removed."

The memo instructs agents to process single adults from the Eastern Hemisphere via "NTA/OR," which means Notice to Appear/released on Own Recognizance. This exception applies to all Eastern Hemisphere countries except Russia, Georgia, Uzbekistan, Tajikistan, Moldova, and Kyrgyzstan, which are designated as "mandatory referral" countries.

Out of the more than 100 countries in the Eastern Hemisphere, the vast majority of migrants encountered in the San Diego sector will be released into the U.S. despite the Biden administration's promises of consequences and removal.

A senior Border Patrol official told Fox News that this is localized guidance for the San Diego sector due to the unique countries they encounter. The official emphasized that it is not U.S. Customs and Border Protection (CBP) or DHS guidance for the entire border.

The CBP official clarified that while these migrants are released into the U.S., they remain ineligible for asylum and cannot request it.

However, many countries are considered "recalcitrant" and refuse to cooperate with U.S. deportation flights. In a recent background call with reporters, DHS acknowledged the challenges in removing certain Eastern Hemisphere countries and is working to gain cooperation, including with China.

While two-thirds of encounters in the San Diego sector involve individuals from Western Hemisphere countries, the border official pointed out that the Eastern Hemisphere encounters are significant and being released with court dates due to non-cooperative home countries for deportation.

The official added that thousands of illegal immigrants from Western Hemisphere countries have been removed since the executive order went into effect.

The CBP official said they are working to ramp up implementation of Biden's executive order and engage with uncooperative countries. However, they acknowledged that Eastern Hemisphere countries will continue to be released in the San Diego sector until agreements are worked out.

Fox News has documented numerous videos of Border Patrol buses releasing hundreds of migrants at a trolley station in San Diego almost daily.

The Biden administration's immigration policies have faced criticism from both Democrats and Republicans. Critics argue that the policies are encouraging illegal immigration and failing to address the underlying causes at the border.

Adam Shaw of Fox News Digital contributed to this report.