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U.S. Border Patrol has issued a memo authorizing the release of illegal migrants into the country without court dates in the event of overcrowding at facilities. This comes as the Biden administration is dealing with an unprecedented influx of migrants at the border before the expiration of Title 42. The memo allows migrants to enter the U.S. on parole, which is generally reserved for those with ‘urgent humanitarian reasons or significant public benefit’ if there are issues with overcrowding at Customs and Border Protection (CBP) facilities. The memo refers to this practice as ‘parole with conditions’ as it requires migrants to schedule a meeting with Immigration and Customs Enforcement (ICE) or submit a request for a Notice to Appear by mail.
Parole releases enable migrants to quickly enter the country, without the need for an alien registration number or a court date. The use of parole has been authorized under certain conditions, such as if a sector’s capacity exceeds 125%, agents apprehend 7,000 migrants per day over a 72-hour period, or the average time in custody exceeds 60 hours. Recently, agents have encountered more than 10,000 migrants daily, and with the anticipated end of Title 42, a larger wave of migrants is expected.
The memo underscores the staggering number of encounters agents are experiencing right now. ‘For the past seven days, USBP has averaged over 8,750 encounters per day. This is over double the average daily encounters of 4,284 in May of 2019, the highest month of the 2019 surge. Even with significant personnel along the SWB, a significant detention capacity, and interagency resources supporting the effort, this situation requires urgent action,’ the memo states.
Title 42 is a public health order that has been in place since March 2020 and has been used to expel more than two million migrants during the COVID-19 pandemic. Although the Biden administration has informed migrants that entering the U.S. will not be easier after the order expires, there will be increased penalties under Title 8. It is important to note that parole is not a Title 8 authority.
Critics argue that the use of parole in this manner is legally questionable and should not be employed to usher thousands of migrants into the country. Earlier this year, the state of Florida successfully sued the Biden administration to halt a similar policy called ‘Parole + ATD’. This week, Florida initiated another lawsuit over the latest plan to release migrants into the U.S. interior, claiming it is ‘materially identical’ to the policy that the federal court previously blocked.
In the lawsuit, Florida is seeking a temporary restraining order to maintain the status quo until the parties can present their arguments for a preliminary injunction or postpone the implementation of the new policy. ‘The Biden Administration’s behavior, if left unchecked, makes a mockery of our system of justice and our Constitution,’ the lawsuit states.
The judge presiding over the case has given the Biden administration a deadline of 4 p.m. on Thursday to respond to Florida’s request for a temporary restraining order. The judge also noted that it appears the administration is ‘preparing to flout’ the court’s order. A Department of Homeland Security (DHS) spokesperson defended the practice this week, saying that previous administrations have conducted similar releases.
The spokesperson stated that both Republican and Democratic administrations have released migrants in cases of severe overcrowding to protect the safety and security of Border Patrol agents and the migrants themselves. ‘U.S. Border Patrol sectors may consider releasing certain migrants who have undergone strict national security and public safety vetting to continue their immigration processes,’ the spokesperson said. ‘This may include processing migrants for parole to reduce the amount of time they spend in custody.’
According to the DHS spokesperson, each parole case will be considered individually, with released individuals required to check in with ICE and undergo removal proceedings in immigration court. Individuals may be placed into an Alternatives to Detention program to ensure compliance, if deemed appropriate. ‘The targeted use of parole will allow Border Patrol to focus its resources most effectively to quickly process and remove individuals who do not have a legal basis to remain in the country,’ the spokesperson emphasized.
Meanwhile, DHS Secretary Alejandro Mayorkas claims that migrants are being misled when they think they will be released into the U.S. and not sent back. He warned migrants not to trust human smugglers who prioritize profit over people’s well-being. ‘Do not believe their lies,’ Mayorkas urged. ‘Do not risk your life and your life savings only to be removed from the United States if and when you arrive here.’
Conservative Americans may view this release plan as another example of the Biden administration’s leniency on border security and immigration enforcement. The release of migrants into the country without court dates may raise concerns about national security and public safety, as well as potential strain on public resources.
The growing number of migrants entering the U.S. is likely to put added pressure on the country’s immigration system and fuel the debate over border security policies. The upcoming end of Title 42 is expected to intensify the situation, requiring efficient solutions that address public health and humanitarian concerns at the border while maintaining security.
Title 42’s potential expiration also raises questions about the future of asylum seekers and other migrants who were expelled under the order. There may be increased pressure on the Biden administration to provide a clear path for these individuals to enter the U.S. legally and seek asylum or other immigration relief.
It is essential for the U.S. government to strike a balance between upholding the nation’s laws and addressing the ongoing humanitarian crisis at the border. While the use of parole may provide immediate relief for overcrowded facilities, long-term solutions are needed to ensure the integrity of our immigration system, protect national security, and uphold the values of compassion and fairness.
The legal ramifications of the implementation of parole for migrant releases remain to be seen. Lawsuits such as those filed by Florida may impact the administration’s ability to carry out its policies, as well as set precedence for future administrations. Regardless of the outcome, it is crucial to find a way to tackle the challenges posed by the surge of migrants at the border while keeping national interests and humanitarian concerns at the forefront.
