Title 42 Immigration Asylum 57748 0c6ab c0 0 5042 2941 s1200x700

Border Patrol paroled 2,500 migrants after judge’s ruling halting program

Homeland Security paroled roughly 2,500 migrants into the U.S. from the southern border on Friday, according to a department source.

That came a day after a judge had issued a temporary restraining order against the Border Patrol using parole to catch and release the wave of migrants now cresting along the U.S.-Mexico boundary.

Judge T. Kent Wetherell’s order, which the Biden administration is appealing, was in effect Friday, and it’s not clear what authority the government was using for the new paroles.

Neither Homeland Security nor the Justice Department responded to requests for comment over the weekend. Customs and Border Protection, which oversees the Border Patrol, said it would respond “as soon as possible” but hadn’t done so by Sunday afternoon.

The source who revealed the new paroles said Homeland Security released 6,000 people on parole on Thursday, before the Title 42 pandemic border expulsion power expired just before midnight.

That’s also the point at which Judge Wetherell’s order took place, yet the 2,500 more releases happened Friday.

Homeland Security is struggling with how to handle the unprecedented jailbreak along the U.S.-Mexico boundary, where nearly 10,000 migrants a day poured into the country in the run-up to the end of Title 42.

But, in an unexpected twist, the numbers then dropped once Title 42 was lifted, falling from 10,000 a day just before to 6,300 on Friday and 4,200 on Saturday, Homeland Security Secretary Alejandro Mayorkas told CNN.

On ABC, Mr. Mayorkas said the drop in numbers means they have been able to handle the flow of people using their regular immigration authority.

“With the 50% drop in the number of encounters at our southern border, we are executing our consequence regime exactly as planned,” he told ABC.

Had the numbers remained high, the choices facing Mr. Mayorkas and his team were all bad, Border Patrol Deputy Chief, Matthew Hudak told the judge in a court filing Friday. Agents could either release migrants on parole with a 60-day check-in condition; they could release migrants with what’s known as a Notice to Report, which he said has a less stringent check-in requirement; or they could not catch the migrants in the first place.

Without parole, he said, that latter option would become a real – and worrying – reality.

“Included within any such group that USBP is unable to apprehend could be those linked with terrorist organizations, those with criminal records, human smugglers, those actively trafficking other members of the same group (which could include children), and vulnerable children not accompanied by their parents, as well as those entering seeking protections like asylum,” Chief Hudak said.

It’s an argument he made earlier in the week – and which Judge Wetherell already rejected, saying he didn’t see much difference between releasing on parole and releasing without parole “because in both instances, aliens are being released into the country on an expedited basis without being placed in removal proceedings and with little to no vetting and no monitoring.”

He also rejected what he called “doomsday rhetoric,” saying the chaos at the border is the administration’s “own making” through its policies that have spurred the two-year unprecedented surge of illegal immigrants.

Parole is a special power Homeland Security has to allow a migrant to enter the U.S. despite having no visa or permit to come in.

It is supposed to be exercised on a case-by-case basis and only in cases of urgent humanitarian need or where there is a significant public benefit. Traditionally that was seen as cases such as someone needing emergency medical treatment or someone who is needed to serve as a witness in a criminal case.

Under President Biden, however, it has become a secondary immigration system, with 1.5 million migrants admitted under parole since Oct. 1, 2021.

Judge Wetherell in March had ruled that the administration was abusing the parole power. In particular, he said there was no case-by-case consideration, and he said the administration was getting the law backward. Where the department justified the public benefit by pointing to the need to reduce overcrowding in Border Patrol facilities, the judge said the law required that it be viewed from the standpoint of benefit the migrant could bring.

The Biden administration could have appealed that earlier ruling but failed to do so.

Now, it is scrambling to derail his newest ruling.

White House press secretary Karine Jean-Pierre attacked the judge’s ruling.

“It’s sabotage,” she said. “That’s how that reads to us.

“It is a harmful ruling,” she added.

She said the administration was “going to continue to use every tool that we have to make sure that we are dealing with this issue in a humane and orderly way.”

Source link

𝗖𝗿𝗲𝗱𝗶𝘁𝘀, 𝗖𝗼𝗽𝘆𝗿𝗶𝗴𝗵𝘁 & 𝗖𝗼𝘂𝗿𝘁𝗲𝘀𝘆: www.washingtontimes.com
𝗙𝗼𝗿 𝗮𝗻𝘆 𝗰𝗼𝗺𝗽𝗹𝗮𝗶𝗻𝘁𝘀 𝗿𝗲𝗴𝗮𝗿𝗱𝗶𝗻𝗴 𝗗𝗠𝗖𝗔,
𝗣𝗹𝗲𝗮𝘀𝗲 𝘀𝗲𝗻𝗱 𝘂𝘀 𝗮𝗻 𝗲𝗺𝗮𝗶𝗹 𝗮𝘁 dmca@enspirers.com