What Will Happen to Illegal Aliens Paroled into the U.S. When their Time Expires?
Since President Biden took office, more than 2 million people have been released into the United States on a “temporary” and “case-by-case” basis using the immigration parole authority afforded to the Secretary of Homeland Security. Those who were paroled into the U.S. are still considered illegal aliens, however, they have no permanent legal status, causing one to ask: What will happen to them when their parole expires?
Throughout 2023 and into March 2024, congressional hearings have focused on the Biden administration’s abuse of parole authority as well as the CBP One App, both of which have been used to institute so-called “lawful pathways” for illegal aliens without proper documentation. Illegal aliens make appointments using the smartphone app, appear at a port of entry at their assigned time, and then are released into the U.S. via parole, instead of being detained. The reckless use of this app has called into question the vetting (and lack thereof) of those being paroled, or released, into the United States. However, as FAIR’s latest report shows, the CBP One App is just one of several ways the Biden administration has been abusing its parole authority.
The administration also set up several nation-based parole programs, including Uniting for Ukraine and Afghan Allies. To apply, foreign nationals seek a U.S.-based sponsor who will complete Form I-134A, the Declaration of Financial Support. Sponsors can even be illegal aliens or parolees themselves.
As FAIR pointed out in its most recent issue brief on parole, the Biden administration’s abuse of the authority given by Congress has created a shadow system that has overtaken the legal immigration system. During the first half of FY 2023 alone, more illegal aliens took up residence in the United States as parolees (636,601) than through legally issued green cards (549,419).
New monthly data from CBP shows that the use of parole is ramping up, not being decreased. CBP said that through the end of March 2024, 404,000 Cubans, Haitians, Nicaraguans, and Venezuelans arrived on commercial flights and were granted parole. Specifically: 84,000 Cubans, 154,000 Haitians, 69,000 Nicaraguans, and 95,000 Venezuelans arrived and were granted parole.
Those paroled into the U.S. obtain generous access to public benefits and are able to obtain work authorization almost immediately. It is no wonder why people are trying to storm the border — there are no consequences, there is no detention, they can obtain work permits, and are allowed to stay and live freely indefinitely.
While Congress has tried to conduct oversight, the administration has refused to be forthcoming. Nonetheless, more questions are in order to understand what the future is like for those already released on parole, and what is in store for those they intend to parole into the U.S. in the future. This is especially true for parole processes undertaken by USCIS, which is notorious for lessening vetting requirements in order to reduce “backlogs.” Questions remain about their role, processes, and standards, including the following:
Vetting of sponsors. On paper, DHS requires certain parolees to have a sponsor who will financially support them. What security checks does USCIS conduct on the sponsor, especially since the sponsor can be an illegal alien themselves? What is the validity period of those checks and how recent are the results at the time of adjudication? How does DHS get accurate criminal history information on sponsors without biometrics, or without information from their home country?
Sponsorship Determination: How does DHS actually determine a sponsor has sufficient income and/or assets to be a sponsor? What analysis is used in the determination? Does DHS rely solely on self-reported information by the purported filer, or does DHS independently verify information with financial institutions, employers, and/or the IRS? Given DHS permits a current parolee to sponsor another parolee, the income and asset threshold cannot be that high to begin with. If DHS is not independently verifying, how is program integrity maintained?
Enforcing Financial Obligations. The Declaration of Financial Support (Form I-134A) is not actually an enforceable contract. How many times has DHS even attempted to enforce the I-134A against a single sponsor? Given that some sponsors may depart the country for long periods of time, some permanently, how does the government track sponsors and ensure they abide by their obligations?
Denying a Sponsor: What would disqualify a sponsor? Are criminals, even those with charges pending against them, allowed to sponsor aliens? How many times has DHS denied a CHNV (or other parole program) sponsor? Does DHS conduct ANY post-adjudicative check to ensure the approved sponsors are, in fact, providing financial support for parolees after the I-134A was approved? How many times has DHS revoked (or even issued a Notice of Intent to Revoke) to an approved CHNV (or any other parole program) sponsor?
Illegal Alien Sponsors. Since DHS permits sponsors to be illegal aliens themselves, how will DHS enforce the sponsor’s financial agreement to care for a parolee if the sponsor is removed? What does DHS intend to do if a parolee is sponsored by an individual whose parole or visa expires?
Sponsoring Multiple Parolees. How does the government prevent multiple filings by the same sponsor? Is DHS tracking financial sponsors to ensure that “Sponsor A,” who may have income/assets to sponsor just one parolee, does not file five or even ten I-134As? Does the government expressly consider previously approved I-134As during the adjudication process to ensure no one is abusing the parole program?
What is the Parolee’s Future? Ultimately, one of the major questions that needs to be asked of the Biden administration is how they plan to deal with nearly 2 million illegal aliens – those without status – when their parole comes to an end. Did they establish these unlawful programs without a plan on how to deal with them after their period expires? Will they be re-paroled? What checks will be in place for that process? Will there be a biometrics collection? Or will they be returned to their home countries? Will they be placed in removal proceedings?
The Biden administration’s abuse of parole not only raises many operational questions, but also legal ones. Only time will tell how much this abuse of authority will endanger our national security and public safety, but also how it will impact our immigration system for years to come.