Homeland Security Secretary Alejandro Mayorkas defended his controversial policy of allowing up to 30,000 immigrants into the U.S. each month as a “key component” of the Biden administration’s border strategy after surviving a lawsuit.
Twenty Republican-led states filed suit last year over the program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), calling it illegal. But U.S. District Judge Drew Tipton, a Trump appointee who has rejected other Biden-era policies, ruled in the administration’s favor.
The policy, first announced for Venezuelans in October 2022, will allow a limited number of people to travel directly to the U.S. as long as they are not in the country illegally, already have a sponsor in the U.S., and pass certain tests. It allowed entry by plane.
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Secretary of Homeland Security Alejandro Mayorkas testifies before the Senate Homeland Security Appropriations Subcommittee at the Capitol on May 4, 2022 in Washington, DC. (Kevin Dietsch/Getty Images)
In January 2023, the administration announced that the program would be expanded to include Haitians, Nicaraguans, and Cubans, allowing up to 30,000 people per month to enter the United States. The program allows immigrants to obtain a work permit and a two-year residence permit. In the United States, it was announced with the expansion of Title 42 deportation to include these nationalities.
States are given the “exceptionally limited” parole authority that Congress has given the federal government, which can be used “on a case-by-case basis for urgent humanitarian reasons or in the vital public interest.” They argued that the program was illegal because of the intended use.
“The parole program established by the Department does not meet each of the law’s three limiting elements; it is not based on a case-by-case basis, it is not for urgent humanitarian reasons, and it promotes a vital public interest. In fact, it’s like creating a new parole system.” “This is a visa program that allows hundreds of thousands of foreign nationals to enter the United States without any basis. “It ignores rather than follows strict restrictions,” the complaint says.
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In a statement after the Tipton ruling, Mayorkas defended the program, which is central to the administration’s strategy to expand “legal routes” to migration to prevent illegal border crossings.
“We are pleased that today’s court decision means that parole proceedings for people from Cuba, Haiti, Nicaragua and Venezuela will continue,” he said. “These processes, safe and orderly ways to get to the United States, have significantly reduced the number of these people we encounter at our southern border.”
“This is a key element of our efforts to address unprecedented levels of migration across the hemisphere, and other countries around the world are also responding to the challenges of increased irregular migration that they are also experiencing. “We see this as a model for addressing issues,” he said.
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But since we expanded the program, we’ve seen record encounters at the border. In fiscal 2013, we had encounters with more than 2.4 million immigrants, a new record. And in December, there were more than 302,000 encounters, exceeding 300,000 for the first time.
Republicans blame the historic border crisis on the administration’s policies, saying the government has embraced an open border by increasing inland releases, reducing domestic enforcement, and halting most border wall construction. I’m accusing them of being there.
The administration says it is dealing with a hemisphere-wide crisis and needs more funding from Congress and immigration reform. The party is pushing for passage of a recent Senate bill that includes some restrictions on funding, staffing and releases, but conservatives have rejected the bill as insufficient.
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Mr. Mayorkas denied claims that the border was open and encouraged those seeking to enter the country to use legal routes rather than illegal entry.
“Do not believe the lies of smugglers. Those who have no legal basis to stay in the United States may be subject to immediate deportation, a minimum five-year ban, and criminal prosecution for illegal re-entry.” . “Migrants should continue to take advantage of the safe, orderly and legal channels and processes expanded under the Biden-Harris Administration.”
