- The Biden administration isn’t likely to deport migrants it’s allowed to enter the U.S. if they overstay their temporary permission because of the historically low number of removals and the expected opportunities to extend their stay, more than a dozen Republican attorneys general wrote in a recent court filing.
- Texas, Alabama, Alaska, Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Utah, West Virginia and Wyoming, sued the Department of Homeland Security (DHS) over the program that admits 30,000 migrants from Cuba, Haiti, Nicaragua and Venezuela each month, arguing that it misuses parole authority to quickly admit migrants into the country.
- “If even a fraction of the aliens paroled into the United States decide to overstay their authorized period of parole, DHS effectively has little to no chance of being able to remove them from the United States in a timely fashion,” the Republican states argued.
The Biden administration has “little to no chance” of removing migrants it temporarily allowed to stay in the U.S. who ultimately end up overstaying, more than a dozen Republican attorneys general wrote in a recent court filing.
The administration expanded a program in January to allow 30,000 Cuban, Nicaraguan, Haitian and Venezuelan migrants each month to enter the U.S. for a period of two years to address a surge in illegal immigration at the southern border. In the span of a decade only 3,705 Cubans, 11,349 Haitians, 12,511 Nicaraguans and 7,324 Venezuelans have been removed from the U.S., which suggests that there are no repercussions for those overstaying their parole in addition to possible extensions, the Republican attorneys general argued in the Sept. 29 supplemental brief. (RELATED: ‘Untenable Situation’: Dem Gov Slams Biden Over ‘Lack Of Intervention’ In Border Crisis)
“Thus, cumulatively, over the course of a decade the Defendants were able to remove 34,889 aliens to these four countries. In comparison, the Parole Program brings 30,000 nationals of these four countries to the United States each and every month for the indefinite future. If even a fraction of the aliens paroled into the United States decide to overstay their authorized period of parole, DHS effectively has little to no chance of being able to remove them from the United States in a timely fashion,” the Republican states argued.
Texas, Alabama, Alaska, Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Utah, West Virginia and Wyoming, are suing the Biden administration’s Department of Homeland Security (DHS) over the program, arguing that it misuses parole authority to quickly admit migrants into the country, according to a copy of the lawsuit. The program admits those deemed to have “urgent humanitarian or significant public benefit reasons” into the country for the temporary time period, but the Republican states argue that’s an overuse of the limited permissions.
WASHINGTON, DC – MAY 11: Secretary of Homeland Security Alejandro Mayorkas speaks during the daily news briefing at the James S. Brady Press Briefing Room of the White House on May 11, 2023 in Washington, DC. Mayorkas took questions from reporters about the expiration Title 42. (Photo by Anna Moneymaker/Getty Images)
The Republican attorneys general pointed to the testimony of a witness that stated that the parolee he sponsored came to the U.S. solely for economic reasons, according to the filing.
“The Intervenor Defendants’ witness, Eric Sype, provided testimony about his family’s sponsorship for the parole of their good friend from Nicaragua, Oldrys. Mr. Sype testified over and over that there was no reason other than economic benefit for Oldrys to come to the United States,” the attorneys general argued.
The Republican states also pointed to the Biden administration’s own statement that acknowledges that the program is “temporary in nature,” but that “in some instances, an individual may need to remain in the United States beyond the period of authorized parole. In such instances, an individual may request re-parole from within the United States.”
“Given the sheer volume of aliens that DHS has paroled, and will continue to parole, into the United States under the Parole Program, the availability of re-parole generally, and the very recent history of a programmatic ‘re-parole’ scheme for tens of thousands of aliens from one country, there is every reason to conclude that the Defendants will do the same here,” the attorneys general argued.
The White House didn’t immediately respond to a request for comment.
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