Join Club

Statutes of Liberty: Parole, expedited removal — the new Biden strategy at the border

This sponsored column is by Law Office of James Montana PLLC. All questions about it should be directed to James Montana, Esq., Doran Shemin, Esq., and Laura Lorenzo, Esq., practicing attorneys at The Law Office of James Montana PLLC, an immigration-focused law firm located in Falls Church, Virginia. The legal information given here is general in nature. If you want legal advice, contact us for an appointment.

The Biden Administration’s new policy sends mixed messages to migrants

All Presidential administrations struggle with unauthorized migration, and the Biden Administration is no exception.

The Biden administration has taken a new approach to stymie immigration via the southern border. This approach uses the classic “carrot and stick” to discouraging border crossers. The “stick” is increasing the use of Expedited Removal to discourage illegal border-crossing.

The “carrot” is increasing the use of Advance Parole to encourage migrants to choose legal pathways instead. In this explainer, we’ll provide some background on both of these aspects of the Biden Administration’s new approach.

The increased use of expedited removal — which some advocates have (in our view, correctly) described as reminiscent of Trump-era policy — is targeted at Cuban, Nicaraguan, and Haitian nationals, for now. Under plans announced this month, Mexico has agreed to accept up to 30,000 expelled migrants from those three countries, and any additional migrants from those three countries will be subject to expedited removal directly home.

Expedited removal allows the administration to deport migrants more quickly, because expedited removal proceedings — unlike ordinary removal proceedings — do not occur before an Immigration Judge; instead, a CBP or ICE officer typically issues an order of removal without a hearing.

What, then, are asylum seekers from Cuba, Haiti, and Nicaragua supposed to do? The Biden Administration’s answer is Parole.

Humanitarian parole is a longstanding tool in U.S. immigration law which has, traditionally, been used on a case-by-case basis to permit individuals to enter the United States for exceptional or emergent reasons, like emergency medical treatment.

Under the Biden administration, the use of parole has expanded — in a form reminiscent of Temporary Protected Status, or TPS — to embrace nationalities, rather than individuals.

The first program the Biden Administration announced was Uniting for Ukraine. That program allowed Ukrainians with a supporter in the United States to obtain parole, so that those approved under the program could come to the United States legally and work for two years. The primary purpose behind this program was to assist Ukrainians escape the Russian invasion.

More recently, the government announced a similar program for Venezuelans. Due to the long-term economic and political strife in Venezuela, many of its citizens have been fleeing to search for safety and security in the United States. Again, due to a major influx of Venezuelan nationals at the border, the government created a program like Uniting for Ukraine for Venezuelans.

As of January 6, 2023, the Biden Administration has opened similar programs for citizens of three more countries: Cuba, Haiti, and Nicaragua. Just like the other programs, the noncitizen wishing to come to the United States must have a supporter in the United States who is willing to provide financial support during the time period that the noncitizen is parole into the United States.

The person must also undergo robust security checks and warrant a favorable exercise of discretion. Like Ukrainians and Venezuelans, nationals from these countries who qualify will also be paroled into the United States for a period of two years and permitted to legally work during that time.

While one of the main goals of this program is to reduce immigration and unlawful entry at the southern border, another goal is to keep migrants safe. As Department of Homeland Security Secretary Alejandro Mayorkas stated, “We can provide humanitarian relief consistent with our values, cut out vicious smuggling organizations, and enforce our laws.”

We welcome the expansion of this program for Haitians, Cubans, and Nicaraguans, as those countries have been suffering from violence, political strife, and poverty for many years.

Although this is a poor substitute for comprehensive immigration reform, this is, for the time being, a step in the right direction. We look forward to helping our clients bring their loved ones here safely, even if it is for a short period of time.

As always, we welcome your comments and will do our best to respond.

Recent Stories

Good Tuesday evening, Arlington. Let’s take a look back at today’s stories and a look forward to tomorrow’s event calendar. 🕗 News recap The following articles were published earlier today…

New Addison Heights Home by National Landing Attractions!

A 19-year-old man and a teen boy are facing charges after two girls overdosed at Wakefield High School last week. Police and medics responded to the school just before 11:45…

Join Arlington County Initiative to Rethink Energy (AIRE) and a group of electric vehicle (EV) experts as they explain how to install home chargers, discuss commercial charging infrastructure, project the…

The Arlington Sports Hall of Fame is extremely pleased to announce that our 2023 Annual Induction Dinner, again in partnership with the Better Sports Club of Arlington, will be held on Wednesday, Oct. 11, at the Knights of Columbus, located at 5115 Little Falls Road, Arlington, Va.

Our dinner will pay tribute to all the honored members of the Hall of Fame and will induct the following six new Class of 2023 inductees, joining the 62 athletes, coaches and contributors who have been inducted into ASHOF since its founding in 1958:

Noel Deskins (Yorktown Class of ’79): Track & Field record-holder & Athlete of the Year at YHS and JMU

Eric Metcalf (O’Connell Class of ’85): Star NFL running back, football and track & field record-holder and Hall of Famer at both O’Connell and the University of Texas

Read More

Submit your own Announcement here.

National Chamber Ensemble – Diva’s Night Out with Schubert, Strauss…

Opening night in Ballston, thanks to a partnership with Marymount University will feature renowned soprano Sharon Christman singing songs of Franz Schubert, Leonard Bernstein, Fanny Mendelssohn, Richard Strauss and some thrilling instrumental music.

But that’s not all! Get ready to

50 First Dates x The Renegade: Speed Dating

🌟 Calling all adventurous hearts! 🌟

💑 Get ready for an evening of excitement and connection as we present Speed Dating Night at The Renegade in Arlington, VA! 🌆

📅 Mark your calendars for Oct 20th, from 6-9 pm, because


Subscribe to our mailing list