On June 18, President Biden Announced One “On parole” The program is intended to provide security and stability to Americans living in mixed-status families, where one spouse is a U.S. citizen and the other is an illegal immigrant.
During parole Humanitarian Parole The program is not for immigrants arriving at the border, but for those already in the U.S. illegally. It allows them to stay in the U.S. for up to three years, get work authorization, and Lawful permanent residence Without going outside the country.
Applicants must demonstrate that they are undocumented immigrants who have not previously been admitted or paroled into the United States; that they have been continuously present in the United States for at least 10 years as of June 17, 2024; that they are legally married to a U.S. citizen as of June 17, 2024; and Threat to national security or public safety.
The Department of Homeland Security program It will be available to 500,000 illegal spouses of U.S. citizens.
That sounds great — as long as the courts don’t strike down the program.
Last week’s announcement may work in Biden’s favor in the next election, but it could also have negative consequences for half a million American families.
Immigration and Nationality Act of 1952 It gave the Attorney General limited power to parole immigrants who are inadmissible to the U.S. The House Judiciary Committee then RevealedThis parole power is granted “in emergency cases, such as in the case of an alien who requires immediate medical attention…. and in cases where it is strictly in the public interest to permit an inadmissible alien to remain in the United States, for example as a witness or for the purposes of prosecution.”
This parole provision is INA Section 1182(d)(5)(A) provides that the Attorney General may “temporarily parole an alien who is seeking admission to the United States on a case-by-case basis only if there are urgent humanitarian or significant public interest reasons.”
In 1996, Illegal Immigration Reform and Immigrant Responsibility Act Allowed parole for illegal immigrants already in the U.S. Expanding The definition of “seeking admission” has been changed from applying only to migrants arriving at the border to also include migrants already in the U.S. who have been inadmissible or not granted parole.
The justification for granting parole to the illegal spouses of American soldiers was then AdmittedIn National Defense Authorization Act, Fiscal Year 2020 “The Secretary of Homeland Security shall consider on a case-by-case basis whether granting a request would result in greater public interest in keeping military families together,” it read.
Looking at Biden’s parole program, the main benefit is that eligible spouses of U.S. citizens can change their status to lawful permanent resident status. INA Section 1255(a) Instead of having to leave the country to apply for an immigrant visa at a consulate or embassy abroad, they can stay in the U.S. This is important because the immigrants targeted by Biden’s policy have been in the U.S. illegally for more than a year. Leaving the U.S. to get an immigrant visa means Separate provisions of immigration law That fact will bar them from re-entering the U.S. for 10 years.
Parole would free eligible immigrants from the threat of deportation, but it won’t be a big benefit while Biden is in the White House. His administration Enforcement GuidelinesDeportation would be limited to immigrants who are subject to deportation and who pose a threat to national security or public safety. In the first place, such immigrants would not be eligible for parole programs.
This is where legal battles can happen. Andrew R. Arthur points out The right of Congress to decide how many foreign nationals can enter the U.S. is “firmly ingrained in our legislative and judicial branches”…Biden administration [is] It uses its extremely limited parole powers to run its own alternative immigration program, completely independent of congressional restrictions and therefore independent of the input of the American people.”
In other words, Biden may have gone too far.
It is the first time that parole has been granted to such a large group of immigrants, and it is not the first time Biden has granted parole. Pushing the boundaries He was granted parole and is currently on parole as of February 29, 2024.2,062,441The number of immigrants is only going to grow. His new program would add 500,000 to that number. As former acting director of Immigration and Customs Enforcement Thomas Homan has pointed out, this could lead to an increase in immigration. Marriage fraud.
Biden cannot parole and allow an unlimited number of illegal immigrants into the country, so it may be wise to hold off on using his new program until the courts have decided whether it is a permissible use of the Parole Clause.
Nolan RapaportHe served on the House Judiciary Committee for three years as an Executive Branch immigration law expert, and then served for four years as immigration counsel to the Subcommittee on Immigration, Border Security, and Claims. Prior to his work on the Judiciary Committee, he wrote immigration review board decisions for 20 years..
