A significant portion of migrants released into the U.S. under a short-lived Biden administration policy failed to comply with the requirement to check in with Immigration and Customs Enforcement (ICE). This policy, known as Parole with Conditions, allowed migrants to enter the country without court dates due to overcrowding before the end of Title 42 on May 11th. One of the conditions of this parole was for migrants to report to ICE within 60 days.
The Department of Homeland Security (DHS) disclosed that over 6,000 migrants were released under this policy, which was implemented on May 10th and halted just over a day later following a lawsuit filed by Florida. Judge T. Kent Wetherell issued a temporary restraining order and subsequently a preliminary injunction, finding the policy resembled a prior program where migrants were paroled into the U.S. under Alternatives to Detention.
In a recent court filing, Judge Wetherell cited DHS data revealing that a substantial 41% of the released migrants did not report to ICE within the stipulated 60-day timeframe. Furthermore, of those who did check in, only a small percentage have received a Notice to Appear (NTA), the document that initiates immigration proceedings. According to the court filing, a mere 18% of the migrants released under the Parole with Conditions policy have received an NTA, leaving 82% either awaiting an NTA or with their whereabouts unknown.
DHS has asserted its commitment to ensuring compliance with release terms and its readiness to take necessary actions. The agency maintains that individuals released on parole are subject to strict vetting procedures for national security and public safety and face immigration consequences and potential prosecution. They emphasize that parole is considered on a case-by-case basis for specific migrants who clear security checks and that those lacking legal grounds to stay will be removed, consistent with past practices under both Republican and Democratic administrations.
Judge Wetherell expressed concern over these statistics, particularly the lack of a clear plan by DHS to locate the migrants who violated their parole conditions and are thus unlawfully present in the country. He also pointed to testimony from an ICE official suggesting enforcement action against these individuals is not guaranteed. The judge questioned DHS's expectation of compliance when the consequence for non-compliance appears to be the same as for compliance.
The Biden administration has significantly expanded the use of parole as part of its border management strategy. Despite the blockage of the Parole with Conditions policy, the administration continues to parole migrants through ports of entry using the CBP One app and has implemented a parole program for individuals from Cuba, Venezuela, Nicaragua, and Haiti. While overall border encounters decreased in June, they remain historically high.
