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.
When The New York Times and The New York Post are running the same headline, there is often something to the story.
The story, in this instance, concerns immigration. The Times report, “Biden Opens A New Back Door on Immigration,” ably describes the operation of the Biden Administration’s parole policy for Cubans, Haitians, Nicaraguans, and Venezuelans. (We offered an explainer on this four months ago — a triumphant advertorial scoop if there ever was one.) Meanwhile, the Post’s editorial board, citing the Times story, summarized the same facts and added its own right-of-center opinion to the mix.
The Times and the Post and Statutes of Liberty are all working from the same facts. It is indeed true that these parole programs have succeeded in one of their stated goals: they have brought hundreds of thousands of people, legally, to the United States. We have met some of them in our office.
It is also true that these parole programs have failed with respect to one of their larger goals — curtailing the practice of asylum seekers requesting protection at the U.S. land border. (As the Times helpfully points out, “[o]verall border crossings from all nationalities […] remain at historic highs.”)
This raises the question: Has this policy succeeded, or has it failed? Our view is that it is too soon to tell. If this ‘back door’ gradually expands to become the new norm for all countries, then we can reasonably expect the number of people who make the dangerous land journey to diminish. That would be an unqualified good. It is important not to euphemize about this — about 450 die each year at the border, and many more die trying to reach it.
If, on the other hand, the ‘back door’ remains limited to a few nationalities, operating as a species of extraterritorial TPS, it seems unlikely that the status quo at the border will shift.
As a matter of law, the Biden Administration’s expanded use of parole is a kludge. Parole has traditionally been used sparingly, in individual cases. We are old enough to remember USCIS lecturing the immigration bar about how parole is not a substitute for the visa system. Well, the Biden Administration’s use of parole for nationals of Cuba, Haiti, Nicaragua, and Venezuela clearly is a substitute for the visa system — if 360,000 people enter the United States with proper documentation, based on a process which includes security checks and financial affidavits, that is a visa system in all but name.
Opponents of the new system have raised these concerns in federal court, arguing that the Biden Administration has leveraged the parole system to enact its preferred policies into law without Congressional authorization. The federal courts have, so far, been fairly deferential to Presidential assertions of power with respect to immigration, with some notable exceptions — the Trump Travel Ban and the Obama administration’s attempt to promulgate Deferred Action for Parents among them.
We’ll continue to track the litigation closely. Whether this policy succeeds or fails depends on whether this Administration expands it, on whether federal judges limit or abolish it, and on whether subsequent Administrations continue or reverse it.
As always, we’re happy to answer questions and comments!
Good Wednesday 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…
After a 2-year search for new digs, Arlington Independent Media is on the cusp of moving from its long-time headquarters in Clarendon.
Former Arlington Commonwealth’s Attorney Theo Stamos is taking a top job in the Virginia Attorney General’s Office. Stamos lost her reelection bid in 2019, defeated in the Democratic primary by…
Sometime next year, three residential streets in Arlington without sidewalks could get upgrades to allow for safer pedestrian and cyclist use. To help address demonstrated safety and access issues on…
About Latinas Leading Tomorrow (LLT): Latinas Leading Tomorrow is a dynamic 501(c)(3) nonprofit organization dedicated to empowering young Latina women through education, mentorship, and leadership development. We are committed to fostering a community of future leaders who will make a significant impact to the community.
Job Description: We are seeking a passionate and dedicated Part-time Executive Director to lead our organization into its next phase of growth and impact. The ideal candidate will be a visionary leader who can oversee day-to-day operations, drive fundraising efforts, and cultivate relationships with stakeholders. This is a 1099 position; Remote position with ability to attend DMV events; 8-10 hours a week; $35-40/per hour.
Oversee program operations, including educational and community initiatives.
Ensure compliance with legal and regulatory requirements, maintaining trust and accountability.
Develop and execute a strategic vision aligned with our mission and values.
Lead fundraising efforts in partnership with the Board Members.
Cultivate relationships with community partners, schools, educators, and donors.
Demonstrate strong leadership skills, fostering a positive organizational culture.
Communicate effectively with diverse stakeholders and make compelling public presentations.
Promote inclusivity and collaboration throughout the organization.
Children’s Weekday Program (CWP) is a non-profit preschool rooted in a play-based philosophy. We focus on developing a love of learning and exploration, cooperation, empathy, and independence.
Our caring and experienced educators create opportunities for children 16 months to 5 years old to play, learn, and grow in a nurturing environment of child-centered and developmentally appropriate experiences.
Initially established more than 50 years ago in South Arlington, CWP continues to be a lauded program in the Northern Virginia area. We are extremely proud to have been recognized as a Best Preschool in Northern Virginia Magazine for the last 4 years.
Located now in North Arlington at 2666 Military Road, CWP offers a part-time parents day out and preschool program with options to extend care both before and after school. We offer a supportive and inclusive school community for children and parents alike and welcome all families to join our school!
Holiday Art Show featuring artists: Peter Fitzgerald, Claire Plante, Alanna Rivera, and Suzy Scollon. At the Barcroft Community House, 800 South Buchanan St., Arlington, VA. Dec. 8 from, 2 PM to 8 PM and Dec. 9 from 10 AM to