When an illegal immigrant is encountered by Border Patrol near the southern border, federal immigration law mandates that all such persons, even those who express a fear of returning to their home country, “shall be detained” until they are either deported or granted asylum.
In 1952, Congress created an exception to the mandatory detention of immigrants who are arrested after illegally crossing the southern border. Presidents from Dwight Eisenhower to Joe Biden have since abused this “parole” power, and Congress has repeatedly narrowed its statutory definition only to have presidents abuse their authority again.
Presently the parole statute says that illegal immigrants can be paroled into the United States “only on a case-by-case basis” and only for two specific reasons. The secretary of Homeland Security must identify,
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