77 congressional Democrats sent a letter to President Biden denouncing his immigration policy. They wrote the president’s immigrant parole program and other proposed asylum rules break the law and penalize people trying to exercise their right to asylum.

“Now anyone who tells you that the only way to secure our border is to punish asylum seekers is lying. It’s why we are appalled to see President Biden replicate President Trump’s immigration strategy. The right to seek asylum is enshrined in both international and domestic law,” Sen. Bob Menendez, D-N.J., said.

The letter came as the Department of Homeland Security released preliminary data that shows the number of Cubans, Haitians, Nicaraguans and Venezuelans that have crossed the border illegally in January has dropped 97% compared to December. That puts this month on track to have the lowest level of illegal immigration since February 2021.

When a migrant caravan arrived in El Paso, Texas on Dec. 11, the seven day average for Border Patrol encountering migrants was 3,367 per day. On Jan. 24, the seven day average was 115 per day. DHS Secretary Alejandro Mayorkas said the decline can be attributed to the parole program.

“These expanded border enforcement measures are working,” Mayorkas said in a statement. “It is incomprehensible that some states who stand to benefit from these highly effective enforcement measures are seeking to block them and cause more irregular migration at our southern border.”

Under the parole program, which was announced Jan. 5, the Biden administration will accept up to 30,000 immigrants per month who can stay in the United States and work for two years. The administration also increased the number of refugees it will accept in 2023 and 2024 to 20,000. But there will be stricter consequences for those who come illegally. That includes the possibility of immediate expulsion and being made ineligible for the parole program.

The Democrats wrote that the Biden administration, “can and must continue to expand legal pathways for migrants and refugees into the United States.”

“We are willing to hold administration’s accountable for the rights of immigrants and immigrant families regardless of party or allegiance. Right is right, and our main allegiance is to the families, immigrants and U.S. citizen families of the United States,” Rep. Alexandria Ocasio-Cortez, D-N.Y., said.

The criticism is bipartisan. Texas Sen. John Cornyn, R, told Straight Arrow News the administration’s solution is unacceptable and he does not believe it led to a decline.

“I think that’s ridiculous. They’re trying to put lipstick on a pig,” Cornyn said.

The Biden administration is expected to propose a new rule in the coming days. The rule would require asylum seekers to apply in a transit country, rather than going straight to the southern border.