Biden issued an Executive Order which the ACLU will sue over, like it did with Trump's. They're suing based on the overbroad use of INA § Section 212(f) which is said to violate INA § 208 which is:

Any alien who is present in the United States or who arrives in the United States (whether or not in a designated port of arrival […]) irrespective of such alien’s status, may apply for asylum

But isn't the issue that anyone who arrives is claiming asylum and given the backlog of 2 million (as of when this was written in April) , they're basically free to live in the United States until their claim could be reviewed? And, per this Fact Check stating the actual acceptance rate in one particular year is 32%... that means a lot of people are living in the US who shouldn't be. I can't find a source of false claims (likely impossible but please prove me wrong!) but even if its 10% of that 68% denial, that's still 136k people. And that's just based on the 2M number, other numbers are much higher.

Wouldn't it be better to find some way to do a fast-track review? I mean, coordination of what to say to not get rejected would be an issue, but are we just arguing over the wrong portions of the issue?