In a bewildering turn of events, nearly two dozen states governed by Republicans have thrown their weight behind Florida’s legal challenge against a Biden administration policy. This controversial policy, which permitted the release of migrants into the interior of the United States without the requirement of court dates, had been blocked mere hours prior to the expiration of the Title 42 public health order.
Expressing their deep concerns, the 23 states, spearheaded by Virginia, ardently asserted that the administration’s wholesale granting of parole to aliens flagrantly violates established federal immigration law. Furthermore, they contend that such actions constitute a dereliction of duty on the part of the government to safeguard the integrity of the nation’s borders. This provocative statement was included in an amicus brief submitted earlier this week.
The enigmatic policy, known as “parole with conditions,” was meticulously delineated in a memorandum released on May 10, sending shockwaves throughout the political landscape. Its publication coincided ominously with the impending expiration of Title 42. Essentially, the policy outlined the circumstances under which migrants could be granted entry into the country through parole—a measure traditionally reserved for cases of utmost urgency relating to humanitarian crises or when there is a discernible public benefit. This concession was made in response to Customs and Border Protection (CBP) confronting overwhelming levels of overcrowding.
Under the auspices of this policy, released migrants were mandatorily required to arrange appointments with Immigration and Customs Enforcement (ICE) or submit a formal request for a Notice to Appear via postal service. The utilization of parole was explicitly permitted when sector capacities surpassed an alarming threshold of 125%, when an astounding 7,000 apprehensions occurred within a 72-hour period, or when the average duration of detainment exceeded a distressing 60 hours.