Biden Tries to Restart Mass Parole

June 29, 2023

IRLI shows programs violate the parole statute

WASHINGTON—Today, the Immigration Reform Law Institute (IRLI) filed a brief in the Eleventh Circuit Court of Appeals opposing the Biden Administration’s attempt to restart two of its programs for paroling massive numbers of illegal aliens into the country.

In two court orders, a Florida federal district court blocked the administration from implementing these programs. The administration has appealed that ruling to the Eleventh Circuit. The administration also had asked that court to stay—that is, suspend—the district court’s orders during that appeal, a request that IRLI opposed and the court denied.

In its brief on appeal, IRLI makes the crucial argument that, under the parole statute, parole must only be given on a case-by-case basis for “urgent humanitarian reasons” or “significant public benefit.”

The only benefit to the public from these programs the administration claims is that they will relieve overcrowding in detention centers. That “benefit,” however, is not advanced significantly by paroling any individual alien, but only by granting parole en masse to many aliens. And, of course, en masse parole violates the statute because it is not given on a case-by-case basis.

“These are two of a number of massive parole programs the administration seeks to unleash on the country,” said Dale L. Wilcox, executive director and general counsel of IRLI. “Instead of detaining and removing illegal aliens, Biden just wants to parole them in, thus giving them work authorization and potentially putting them on a path to citizenship—a policy that of course encourages even more illegal immigration. We hope the Eleventh Circuit sees how flatly unlawful this abuse of parole is, and refuses to undo the work of the district court, which for now has stopped these disastrous programs.”

The case is Florida v. United States, No. 23-11528 (Eleventh Circuit).

Photo credit: U.S. Customs and Border Protection