Another Biden Regime Administrative Amnesty has been announced: the Advanced Parole Amnesty for illegal aliens in the United States on Temporary Protected Status (TPS). This amnesty happens whereby illegal aliens in the United States will apply for what is called Advanced Parole, depart the United States, including to the nation of which they are citizens and have fled for some reason, then return to the United States, be inspected, then paroled into the United States at inspection, and then be effectively washed of their illegal status and become eligible to adjust status in the United States. This violates several sections of immigration law, the nature of parole itself, a violation of the intending immigrant provision prohibiting entry of aliens intending to immigrate and who don’t have an immigrant visa, and the Administrative Procedures Act (APA). The Advanced Parole Amnesty also usurps the statutory authority of Congress to legislate concerning immigration, creating a new avenue of immigration not provided for by Congress through legislation, similar to the Deferred Action For Childhood Arrivals (DACA), which itself was ruled illegal as well.
Advanced Parole was created many years ago; the creation was itself illegal: although parole is in the Immigration and Nationality Act (INA), Advanced Parole is not. It was created firstly as a response to the increase in the number of aliens who were allowed to adjust status in the United States. Some years ago large numbers of employment-based aliens sought to travel internationally, but could not. Generally those aliens admitted on H-1 and L-1 Non-Immigrant Visas (NIV) who were eligible to adjust status in the United States and had done so, but could not travel internationally while adjusting status. Many of these employment-based NIV holders sought to and needed to travel internationally during their adjustment period when their NIV had expired or been canceled because of their application for permanent residence.
Consequently, a legal fiction was created, Advanced Parole. Since generally parole must be applied for and approved while the alien was overseas, that cumbersome process interfered with the short international business trips these H-1 and L-1 NIV holders were engaged in. They were inconvenienced by having to go the U.S. Embassy or Consulate and apply for a parole document to be allowed to return to the United States, so the toadies in the legacy Immigration and Naturalization Service (INS) created Advanced Parole, either single or multiple entry eligible, to make these aliens’ international travel more convenient. Note again that the statutory language authorizing parole clearly stated that the application must be made while the alien was outside the United States, therefore there was no statutory basis for Advanced Parole, it was mere creation at the whim of Deep State bureaucrats, similar to employment authorization for foreign students.
Now, when it was limited to employment-based NIV holders adjusting status, the impact was negligible. But no machination of the Deep State remains innocuous for long. Between the Deep State, the Treason Bar, and nation-busting politicians, any change in immigration practice is not limited to a minor impact. It had to expand, and it did. Previously, no illegal alien was eligible for Advanced Parole; it was only for those aliens who were inspected and admitted, then lawfully applied for adjustment of status. Those trying to game the system were denied.
However, after the creation of the DACA program, Advanced Parole was authorized for that group of illegal aliens, then expanded to any illegal alien who had an avenue of adjustment of status, provided they needed to be inspected and admitted or paroled, to be eligible to adjust. As a general rule, no alien who enters the United States without inspection, i.e., crosses the border illegally, may adjust status. So to adjust status, these illegal aliens demanded to be given Advanced Parole, then upon return be inspected and paroled. After being paroled in, these illegal aliens become eligible to adjust status to Lawful Permanent Resident (LPR), also known as green card holders.
The Obama Regime realized that DACA was not a solution to the illegal alien population as DACA was not a grant of LPR status, so the Advanced Parole gimmick was used to facilitate DACA recipients to adjust status in the United States, and is as illegal as DACA itself, but the Deep State knows no bounds in law. The statutory purpose of parole is to provide a significant public benefit or serve an urgent humanitarian purpose, not to avoid compliance with the immigration laws of the United States. Basically parole is for individualized incidents and occurrences that are not provided for immigration law, and are temporary, such as a castaway rescued at sea, brought to the United States by a vessel, then given medical care, then returned to their country, or an alien otherwise ineligible for a NIV who must come for a funeral or provide a donated organ, but these are temporary and individualized situations with limited duration.
The parole provision in the Immigration and Nationality Act (INA) gives the Secretary of the Department of Homeland Security (DHS) discretionary authority to “parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States.”[Immigration Parole, unattributed, Congressional Research Service, October 15, 2020]
Note here that this requires the alien to apply for admission at a Port-of-Entry (POE) and be inspected by an immigration officer, not while in the United States. The statutory language clearly excludes illegal aliens in the United States, since there can be no situation allowing an illegal alien to depart, then be allowed to return to resume their illegal alien status, as there is no humanitarian or public benefit to aid illegal aliens to return to the United States. In any event, illegal aliens are not outside the United States and applying for admission. Once paroled in, the alien is expected to leave the United States after whatever situation allowed the alien to be paroled, such as medical care or surviving a shipwreck, not to remain indefinitely waiting for an opportunity to adjust status or to adjust status.
And, of course, there is no case-by-case review. This is a generalized policy of allowing illegal aliens to apply for Advanced Parole, not some significant individualized case or cases numbering in the few dozen, but in the tens of thousands, as is occurring, again, with DACA recipients.
The statute is quite strict: an alien must be either outside the United States or applying for admission at a Port-of-Entry (POE) to be paroled. There is no provision in the statutory language for Advanced Parole, only parole. Title 8 United States Code Section 212(d)(5)(A) is quite clear.
(5)(A) The Attorney General may, except as provided in subparagraph (B) or in section 1184(f) of this title, in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.[Title 8 United States Code, uscode.house.gov, undated]
Clearly the statute language says that parole is not intended for intended immigrants, as the statute plainly states that aliens paroled in are to be removed “forthwith or be returned to custody.” Now policy, not law, provides for those applying for adjustment of status to apply for Advanced Parole, but aliens in the United States illegally are not eligible for Advanced Parole in any event!
Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:
Aliens in the United States are not eligible for Advance Parole if they are:
Please note that Advance Parole does not guarantee admission into the United States. Aliens with Advance Parole are still subject to the U.S. Customs and Border Protection inspection process at the port of entry.[Advanced Parole, unattributed, U.S. Customs And Border Protection, undated]
Of more import, the general provisions of the INA apply to aliens requesting parole using Advance Parole. That means that aliens who are using Advanced Parole are subject to refusal of entry based on the fact that they are intending immigrants without a valid immigrant visa and removeable under Title 8 USC 212(a)(7)(A)(i), Intending Immigrant.
From reviewing this new Advanced Parole Amnesty, we find that this innovation in immigration procedure is neither individualized as required by statute, nor involving an emergent personal or other bona fide reason, and is therefore illegal. And this does not include the violation of the APA, where this new immigration system was created without public comment and review.
Furthermore, the Supreme Court has recently ruled that TPS recipients are ineligible to adjust status in the United States. In most cases, a TPS recipient means one was in the United States illegally, though there are some small numbers of TSP recipients who were legally present at the time of their grant. In any event, Advanced Parole means that one is returned to the status the alien had when they departed. So, for most TPS recipients, they are ineligible for Advanced Parole, are ineligible to adjust as a TPS recipient, and are removable as an intended immigrant when they arrive at a POE and request to use an Advanced Parole document. Basically, the whole program is illegal, whether for an illegal alien, for all TPS recipients, or a DACA illegal alien.
Which leaves the question, why hasn’t Ur M. Jaddou, Director, U.S. Citizenship and Immigration Services (USCIS), been arrested for a violation of Title 8 USC Section 1324, Bringing In Or Harboring Certain Aliens? She is effectively running a government- sanctioned scheme to aid and abet illegal aliens to remain in the United States and to smuggle illegal aliens into the United States. Time for arrests to commence.