Read on Twitter
There has been a ton of asylum stuff finalized in the last several weeks ( https://projects.propublica.org/trump-midnight-regulations). Under a GOP Senate, the Biden DOJ would have to settle lawsuits over them to kill the regs (not something DOJs like doing). Under a Dem Senate it can CRA them. https://twitter.com/daveweigel/status/1346704658249748481
Last summer, Stephen Miller told @tedhesson that it would be hard for Biden to roll back Trump’s imm agenda bc so much of it was codified as regs. That wasn’t really true at time; the only major Trump policy to be advanced as a reg, then upheld in court, was public charge rule.
Since then, the admin has finalized a lot of regs that either backstop or further push various fronts of policy making. But those regs are generally currently enjoined in court and/or the ones subject to CRA.
(TO BE CLEAR there are lots of arguments regarding the time and effort intensity of reversing the Trump immigration agenda; it’s just that “it takes a long time to revise a regulation without opening yourself up to litigation risk” is not a particularly germane one w/CRA option.)
