(Scypre.com) – The head of U.S. The Border Patrol sent out a memo allowing 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.
If Customs and Border Protection faces overcrowding, migrants can be allowed into the country on parole. The practice is called “parole with conditions” as migrants are required to make an appointment with Immigration and Customs Enforcement or request a Notice to Appear by mail.
Under a parole release, migrants are quickly released into the country; they don’t get an alien registration number and don’t get a court date.
If average time in custody goes above 60 hours or the sector capacity goes above 125%, parole can be used.
The end of Title 42 is expected to bring an even bigger wave with it, as agents have been seeing over 10,000 migrants a day since Monday.
The memo noted the large numbers of agents. Over 8,750 encounters have been averaged over the past 7 days.
This is more than double the average daily encounters in May of this year. This situation requires urgent action even with significant personnel along the SWB, a significant detention capacity, and resources supporting the effort.
Since March 2020, the public health order has been used to expel two million migrants. It will not be easy to enter the U.S. once the order drops, as there will be harsher penalties until Title 8. Parole is not a Title 8 authority.
Critics argue that parole isn’t supposed to be used to wave in thousands of migrants. The Biden administration was sued by the state of Florida to block a similar policy.
On Thursday, Florida sued this week over the latest plan to release migrants into the U.S. interior, saying it’s “materially identical” to the policy that the federal court injunctioned. “Florida seeks a temporary restraining order to preserve the status quo until the parties can brief motions for a preliminary injunction or to delay the effective date of the new policy,” the lawsuit states.
The judge gave the Biden administration a 4pm deadline to respond to the request for a temporary restraining order.
“In the past, Republican and Democratic administrations have done the same thing to protect the safety and security of Border Patrol agents and migrants. Border Patrol sectors may consider releasing certain migrants who have undergone strict national security and public safety vetting to continue their immigration processes. If deemed appropriate, individuals may be placed into an Alternatives to Detention program. The targeted use of parole will allow Border Patrol to focus its resources most effectively to quickly process and remove individuals who don’t have a legal basis to remain in the country.”
DHS Secretary Alejandro Mayorkas claims that migrants are being deceived when they think they will be released into the U.S. and not returned.