The key sticking point in border talks among US Senate negotiators remains how to handle an immigration authority that gives the administration broad discretion to allow certain migrants into the United States on a temporary basis.
The Biden administration has leaned on the so-called humanitarian parole authority in urgent situations, including to admit Afghans after the US withdrawal from Afghanistan and Ukrainians following Russia’s invasion. Other times, the administration has used the authority to allow migrants from designated countries to temporarily live and work in the US as a way of attempting to mitigate surges at the US-Mexico border.
But Republicans argue the administration is using the authority too broadly and are seeking to curb its use.
“This president needs to understand that the Republicans simply don’t trust him,” said Sen. Thom Tillis, a Republican from North Carolina who has been working with senators to find a path forward. “If we don’t have certainty on exactly what the parole process is going to be, he could have thousands of people. Parole is supposed to be dealt with on a case by case basis. He’s probably going to learn that the courts agree with that, but now he is using it as a mass tool for permitting people into this country.”
The administration is already facing headwinds in its use of parole – which is different than that of the criminal justice system. Earlier this year, Republican-led states filed a lawsuit against the humanitarian parole program, arguing that the administration exceeded its authority in its use of the program and requesting the court block it. The case is ongoing.
But it’s not clear what Democrats can accept when it comes to changing how parole authority is used in part because it’s a key component of the administration’s border strategy. Two ideas that have been floated are capping the…
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