The head of U.S. Border Patrol has sent out a memo authorizing the release of illegal migrants into the U.S. without court dates if agents face overcrowding as the Biden administration scrambles to deal with a historic surge in migration at the border ahead of the end of Title 42.
The memo says that migrants can allowed into the country on parole — a process typically reserved for "urgent humanitarian reasons or significant public benefit" — if CBP faces overcrowding. The memo calls the practice "parole with conditions" as migrants are required to make an appointment with Immigration and Customs Enforcement (ICE) or request a Notice to Appear by mail.
Under a parole release, migrants are rapidly released into the country, do not get an alien registration number and do not receive a court date.
The use of parole is being authorized if a sector capacity goes above 125%, if agents apprehend 7,000 a day over 72 hours or if average time in custody goes above 60 hours.
Agents have been encountering over 10,000 migrants a day since Monday, and there are no signs of that slowing down with the looming end of Title 42, which is expected to bring an even bigger wave with it.
The memo noted the enormous numbers agents are encountering.
"For the past 7 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.
The public health order has been used since March 2020 to expel over two million migrants due to the COVID-19 pandemic. The Biden administration has told migrants that it will not be easier to enter the U.S. once the order drops as there will be stiffer penalties until Title 8. Parole is not a Title 8 authority.
FLORIDA AG SUES BIDEN ADMIN TO STOP PLANNED MASS RELEASE OF MIGRANTS AS TITLE 42 ENDS
The use of parole is legally questionable, with critics arguing it is not supposed to be used to wave in thousands of migrants. The state of Florida successfully sued the Biden administration in March to block a similar policy — "Parole + ATD."
On Thursday, Fox Digital reported that Florida sued this week over the latest plan to release migrants into the U.S. interior, saying it is "materially identical" to the policy that the federal court enjoined.
"Florida seeks a temporary restraining order to preserve the status quo until the parties can brief motions for a preliminary injunction or to postpone the effective date of the new policy," the lawsuit states. "The Biden Administration’s behavior, if left unchecked, makes a mockery of our system of justice and our Constitution."
The judge has given the Biden administration a 4pm deadline Thursday to respond to the request for a temporary restraining order, adding that it appears the administration is "preparing to flout" the court’s order.
A DHS spokesperson this week claimed that the releases are similar to those conducted by prior administrations.
"As Republican and Democratic administrations alike have done in the past to protect the safety and security of Border Patrol agents and migrants in the event of severe overcrowding conditions, 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," a spokesperson said. "This may include processing migrants for parole to reduce the amount of time they spend in custody."
"Each parole will be considered on an individualized case-by-case basis, and individuals who are released will be required to check in with Immigration and Customs Enforcement 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 said.
DHS Secretary Alejandro Mayorkas, meanwhile, has continued to claim that migrants are being deceived when they believe they will be released into the U.S. and not returned.
"Smugglers care only about profit, not people. They do not care about you or your well-being. Do not believe their lies," he urged migrants. "Do not risk your life and your life savings only to be removed from the United States, if and when you arrive here."
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