Biden Administration Opens Parole Pathway While Restricting Border Access
In January, the Biden administration announced a series of policy changes related to parole applications for individuals from Haiti, Cuba, Nicaragua, and Venezuela, allowing up to 30,000 individuals from all countries to obtain parole into the United States each month. The expansion of parole was coupled with an announcement that the Biden administration would expand Trump-era restrictions to rapidly expel migrants from those countries apprehended at the Southern Border. The move has been met with criticism by immigration advocates and legal action by conservative states hoping to block the program. According to USCIS, individuals from Cuba, Haiti, Nicaragua, and Venezuela may apply for parole to enter the United States in a “safe and orderly way.” The program will consider applications on a case-by-case basis for authorization to enter the United States and obtain a work permit for two years for “urgent humanitarian reasons or significant public benefit.” USCIS notes that applicants must:
Have a supporter in the United States;
Undergo and clear robust security vetting;
Meet other eligibility criteria and
Warrant a favorable exercise of discretion.
The announcement comes as the Biden administration continues to double down on rhetoric designed to discourage migrants from journeying to the Southern Border and create what the administration claims are alternative and safer pathways. "This new process is orderly, it's safe, and it's humane," President Biden said in a speech at the White House. The President reiterated that the message he hoped to send to individuals from Cuba, Haiti, Venezuela, and Nicaragua is: "Do not just show up at the border."The program is the latest move in a saga that has placed the Biden administration in between Republicans who continuously file legal challenges to any move the administration makes on the immigration front and advocates who decry the Biden administration for failing to live up to its campaign promises to undo Trump era policies that undermine access to asylum and safety.
Republican Opposition
The parole program has been met with opposition from Republican states, with twenty states, led by Texas, coming together to file suit to halt the program. In a press release, Texas Attorney General Ken Paxton’s office claimed the program "unlawfully creates a de facto pathway to citizenship for hundreds of thousands of aliens." The lawsuit is just the latest in a series of lawsuits filed by Republicans against the Biden administration designed to limit progressive immigration policies under the pretext that the arrival of migrants unfairly burdens border states. The suit has been dismissed by Democrats and immigrant rights advocates as a political stunt, with many pointing out that Republican states failed to oppose a similar program designed to provide parole opportunities for Ukrainians fleeing war and seeking refuge. While the Republican states present legal arguments citing concerns about the Biden administration creating pathways to citizenship normally reserved for Congress, some advocates believe the concerns stem more from who is being let in as opposed to how. As a result, many advocates note that opposition seems to be centered on communities of color rather than procedure and practice. In an interview with Desert News, Utah immigration lawyer Carlos Trujillo shared his sentiments on the Republican opposition. "It's purely a political act. ... At the time Ukraine was being invaded by Russia and the war was starting, I guess it was not a good PR move to oppose something like that. But they don't have the same concerns for the other countries."
Program Criticized by Refugee Advocates
The policy has been met with criticism by advocates who point out that the parole pathway comes with a concurrent limitation posed on border crossings. As a result, the policy actually undermines the ability of individuals to seek asylum at the Southern Border, despite their right under international law to do so. Seeking asylum is a fundamental human right under international law. “Opening up new limited pathways for a small percentage of people does not obscure the fact that the Biden administration is illegally and immorally gutting access to humanitarian protections for the majority of people who have already fled their country seeking freedom and safety,” International Refugee Assistance Project Policy Director Sunil Varghese said in a statement. Other advocates have noted that specifically precluding individuals from the listed countries from applying for asylum at the Southern Border results in confusing and contradictory policies that exclude certain nationalities from accessing their fundamental human rights. In a commentary, the Washington Office on Latin America criticized the recent announcement as creating a double system of ineligibility and imposing additional requirements for individuals to obtain safety in the United States. “In essence, the new parole program, apart from providing only temporary permission to reside in the United States, would establish a double system of ineligibility for people to seek asylum: access to asylum would be denied to individuals from eligible countries who are unable to use the parole program, and the parole program would be restricted to those who meet certain requirements and would be closed to those who have crossed borders without authorization.” Advocates have also pointed out that the program doubles down on the Biden administration's use of Trump-era border policies designed for rapid deportations and expulsions. This includes Title 42, a policy developed by the Trump administration to prevent migrants from accessing international protections under the pretext of stopping the spread of COVID-19. Many advocates have noted that Title 42 is illegal and should end. The Biden administration has continually shifted its stance on the program, following a decision by the Supreme Court which allowed the program to remain in place while legal challenges play out. The Department of Homeland Security has touted the new parole program's effectiveness and claimed that it has resulted in a 97% decrease in border crossings by individuals from the countries covered by the program. While the program is sure to face legal and political challenges, even those who support it are forced to acknowledge that it does not address the root causes of migration. “We welcome the humanitarian parole,” Commissioner Marleine Bastien of Miami’s District 2 told a local ABC News affiliate. “But this is not the full solution… because as long as we don’t address the root causes of migration in these nations, including Haiti, the refugees, there will be pressure for refugees to come here.”