Border Crisis Driven by Biden’s Shift in DHS’s ‘Parole’ Release Policy

The Southwest border is in chaos, with Border Patrol agents apprehending a record number of illegal migrants there in FY 2021, and apprehensions in FY 2022 (through March) already above one million.

When CDC orders mandating the expulsion of illegal migrants expire — orders issued under Title 42 of the U.S. Code in response to the Covid-19 pandemic — things will get exponentially worse.

This disaster is driven by the Biden administration’s new policy of releasing illegal migrants it can’t detain on “parole”. That policy shift is at the heart of a critical case pending at the Supreme Court, but it is one that the parties have failed to properly resolve — at least thus far.

Biden v. Texas. The case in question is Biden v. Texas, which I referred to in February as “the most significant immigration case ever because the Court will be considering whether there are any limits on the administration’s authority to ignore explicit congressional mandates in allowing foreign nationals to enter and remain in the United States”.

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