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 Janice Chen, 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.
No one should envy the Biden Administration. Like Presidential Administrations before it, the Biden Administration is caught on the horns of a dilemma: rigorous border enforcement leads to federal injunctions, because enforcement frequently infringes on the legal rights of asylum applicants; rigorous protection for asylum applicants leads to increased border crossing rates, with real consequences for border towns and distant cities alike.
The Biden Administration has dealt with this dilemma with a carrot and stick approach. First, the Administration has worked to create alternative pathways which do not require presenting yourself at the border; and, in addition, the Biden Administration has made increasing use of humanitarian parole to permit asylum seekers to apply for asylum from deep in the interior of the U.S.; those policies are the carrot. (We wrote about those alternative pathways, in these pages, here.)
Second, the Administration attempted to force asylum seekers to apply for protection using a kludge-driven machine: the CBP One App. (We wrote about the CBP App in these pages, here.) Failure to use the CBP One App would, in the new policy, be punished with ineligibility for asylum; that’s the stick.
On July 25, Federal Judge John S. Tigar enjoined the stick. His reasoning was simple. U.S. law permits asylum applicants to apply for asylum, no matter how they entered the United States, and no matter where they entered the United States, politics be damned. If Congress wants to change that, let it do so.
Earlier this year, Federal Judge T. Kent Wetherell entered a Temporary Restraining Order against the carrot. His reasoning was simple. Under federal law, parole is a benefit to be granted sparingly, on a case-by-case basis, and the Biden administration has been using parole wholesale to deal with large migrant flows. If Congress wants to allow that, let it do so.
Both of these policies are kludges, and poor replacements for Congressional action. The Biden Administration, like the Trump Administration and the Obama Administration before it, has attempted to work around Congress via Executive Action, and the Biden Administration — like the Trump Administration and the Obama Administration before it — is losing in court repeatedly. That’s predictable, because U.S. federal law offers both generous procedural rights to asylum seekers and severely limits the discretion of the Executive to parole large groups of noncitizens into the United States.
Eventually, Congress will respond to the increasing pressure within the system, and enact real policy change. We hope that happens soon.
As always, we welcome your comments and will do our best to respond.
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…
In a bid to improve accountability, the Arlington County Fire Department is looking to put its mission and priorities in writing with its first-ever strategic plan. The plan is designed…
Under the direction of Music Director James Ross, Alexandria Symphony Orchestra presents a holiday program “Holiday With A Twist.” Enjoy this celebration of the season with traditional fare mixed with…
The Ballston “singing tree” is set to return for the holiday season. Starting next week, the sparkling, voice-activated Christmas tree near the Ballston Metro station will brighten the neighborhood with…
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!
The Optimist Club of Arlington is holding its 77th annual Christmas tree sale!
This year, the tree sale will be held at the Knights of Columbus (5115 Little Falls Road). The lot opens for sales on November 24th. The Optimist Club is selling small and large trees ranging from tabletop size to 10 foot tall trees! Wreaths, garland, tree stands, and White House Christmas ornaments will also be for sale.
100% of all proceeds go towards helping Arlington County youth.
For more information, please visit the Arlington Optimists website at https://optimistclubofarlingtonva.org/.
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
2023 Christmas Tree Sales Begin
Saturday, December 2
Get your holiday decorating off to the right start this year! We will be selling 150 Fraser firs, freshly cut and delivered from Sparta, North Carolina.