A possible solution to reduce migrant numbers entering the U.S. by a million annually under Biden’s administration without requiring Congressional approval has been identified. This approach could be implemented without the need for further legislative action except for support from Republican members. Here’s a breakdown of the situation.
Since the beginning of his term, more than a million individuals have been permitted to enter the United States through Biden’s programs utilizing humanitarian parole authority. Utilizing parole authority under a law from 1952 on an unprecedented scale, Biden has welcomed hundreds of thousands of individuals escaping conflicts in countries like Afghanistan and Ukraine, as well as enduring political and economic crises in nations like Haiti and Venezuela.
The administration has extended this pathway to immigrants from Ecuador in 2023, adding them to a growing list of countries, including Colombia, Cuba, El Salvador, Guatemala, and Honduras. The Border Patrol apprehended over 99,000 Ecuadorians entering the U.S. without authorization in FY2023, marking a 312 percent increase from the previous fiscal year. By including individuals from these countries in the humanitarian parole program, they are given legal status with work permits for a limited period to apply for asylum or await an immigrant visa application sponsored by a relative, bypassing the current family-based visa system, which is overloaded and has numerical restrictions.
The core idea behind Biden’s approach is that utilizing humanitarian parole will divert people away from the southern border. However, the issue is that it attracts individuals directly into the U.S. as opposed to deterring their entry. Administration officials argue that they have acted independently due to Congress not expanding legal immigration pathways since 1990.
Additionally, Biden is using the parole law to process around 1,500 asylum-seekers daily along the U.S.–Mexico border who have scheduled appointments through a mobile application. This program, initiated in late 2022, has already admitted more than 357,000 individuals from Cuba, Haiti, Nicaragua, and Venezuela as of January, including substantial numbers from each country.
So, what exactly is this humanitarian parole authority that Biden has chosen to utilize extensively, which has contributed significantly to the increased migrant flow?
Humanitarian parole is a discretionary mechanism implemented by the U.S. Citizenship and Immigration Services to grant individuals temporary entry into the country for urgent humanitarian reasons or significant public benefit. Historically, it was designed to provide temporary relief rather than replacing regular visas or permanent residence permits. Before Biden’s tenure, parole was typically granted in specific cases such as medical emergencies, humanitarian concerns, or situations where individuals could significantly contribute to the public interest in the U.S.
Previous administrations typically approved around 5,000 individual parole cases each year, with mass parole being used during emergencies such as the post-Vietnam War migration and the Mariel Boatlift. However, no administration had previously made mass parole the central component of an ongoing migration program until Biden’s administration.
While the legal battles continue in various courts, Texas is currently unable to conduct arrests or deportations, allowing the migrant flow to the U.S. to persist unhindered.
Eagle Pass has become a focal point for state efforts to combat the situation, with Texas National Guardsmen installing barriers and blocking border agents, with plans underway to establish a large operational base.
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In response to the border inflow, Texas took the controversial step of busing migrants to sanctuary cities like New York, a move that has escalated the regional issue to a national level, potentially influencing upcoming elections.
Therefore, Biden holds the key to resolving the border crisis by reevaluating his use of humanitarian parole authority, a decision that could be reversed at any time. With interim measures like installing barriers, the situation could be addressed promptly. If solutions remain unclear, seeking advice from Texas could provide valuable insights.