Comments by "Scott Farner" (@scottfarner5100) on "'Ma'am, I Asked You A Question!': Dan Bishop Mercilessly Grills Dem Witness About Mayorkas" video.
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@nopers369 MEMORANDUM FOR: All Chief Patrol Agents
All Directorate
FROM: Rodney S. Scot Chief
U.S Border Patrol
SUBJECT: 42 U.S. Code Title 42 - The Public Health and Welfare
U.S. Customs and Border Protection (CBP), and specifically the United States Border Patrol (USBP), are supporting the U.S. Government's response to the COVID-19 virus.
Effective March 21, 2020 at 0001 hrs EST, USBP will exercise authorities derived under
U.S. Code Title 42, Section 265,·'... suspension of entries and imports from designated places to prevent spread of communicable diseases... " as laid out in the attached Operation Order Capio. The Director of the Centers for Disease Control and Prevention (CDC), under the Authority of the Public Health Service Act, has directed CBP to prohibit the introduction of certain persons into the United States who, due to the existence of COVID-19 in countties or places from which persons are traveling, create a serious danger of the introduction of such disease into the United States.
While operating under this authority, USBP will use Title 42 authority to immediately expel any individual encountered attempting to enter the United States in violation of travel restrictions. USBP will only apply Titles 8 and 19 authorities to subjects who are not amenable to expulsion under Title 42, or would otherwise be considered a high risk for the population (e.g., aggravated felons, relations to terro1ism, agent assaults, etc.).
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@nitasheehan2704 MEMORANDUM FOR: All Chief Patrol Agents
All Directorate
FROM: Rodney S. Scot Chief
U.S Border Patrol
SUBJECT: 42 U.S. Code Title 42 - The Public Health and Welfare
U.S. Customs and Border Protection (CBP), and specifically the United States Border Patrol (USBP), are supporting the U.S. Government's response to the COVID-19 virus.
Effective March 21, 2020 at 0001 hrs EST, USBP will exercise authorities derived under
U.S. Code Title 42, Section 265,·'... suspension of entries and imports from designated places to prevent spread of communicable diseases... " as laid out in the attached Operation Order Capio. The Director of the Centers for Disease Control and Prevention (CDC), under the Authority of the Public Health Service Act, has directed CBP to prohibit the introduction of certain persons into the United States who, due to the existence of COVID-19 in countties or places from which persons are traveling, create a serious danger of the introduction of such disease into the United States.
While operating under this authority, USBP will use Title 42 authority to immediately expel any individual encountered attempting to enter the United States in violation of travel restrictions. USBP will only apply Titles 8 and 19 authorities to subjects who are not amenable to expulsion under Title 42, or would otherwise be considered a high risk for the population (e.g., aggravated felons, relations to terro1ism, agent assaults, etc.). Watch commander approval is required for any authority used outside of Title 42 dw·ing this timeframe.
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@Halo3Matalix Under U.S. immigration law, the Secretary of the Department of Homeland Security (DHS) has discretion to grant “parole” to certain noncitizens to allow them to enter or temporarily remain in the United States for specific reasons. Parole under immigration law is very different than in the criminal justice context. This fact sheet explains the nature of parole, how parole requests are considered, who may qualify, and what parole programs currently exist.
What is Parole?
The Immigration and Nationality Act (INA) authorizes the Secretary of Homeland Security to exercise discretion to temporarily allow certain noncitizens to physically enter or remain in the United States if they are applying for admission but do not have a legal basis for being admitted. DHS may only grant parole if the agency determines that there are urgent humanitarian or significant public benefit reasons for a person to be in the United States and that person merits a favorable exercise of discretion. Grants of parole are made for limited periods of time, often to accomplish a discrete purpose, and individuals are typically expected to depart the United States when the authorized period expires unless another form of status or relief is conferred.
While individuals who receive a grant of parole are allowed to enter the United States, they are not provided with an immigration status nor are they formally “admitted” into the country for purposes of immigration law. An admission occurs when an immigration officer allows a noncitizen to enter the United States pursuant to a visa or another entry document, without the limitation of parole. The distinction between an admission and parole is a significant one under immigration law.
Who Has Authority to Grant Parole?
The Secretary of Homeland Security has delegated parole authority to the three immigration agencies within DHS: U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE).
USCIS adjudicates many of the parole requests made by individuals seeking to enter the United States for humanitarian reasons, while ICE typically handles parole requests related to court hearings or intelligence matters, as well as parole from immigration detention. ICE has separate jurisdiction over decisions about whether or not to parole detained individuals out of ICE custody, including “arriving aliens” who establish a credible fear of persecution or torture. CBP has authority to make parole decisions at ports of entry. For example, it can parole noncitizens fleeing persecution and who wish to apply for asylum. It also may parole individuals for “deferred inspection,” which means that they permit an individual to enter the United States, but they schedule a subsequent interview to address unresolved issues about their admissibility.
What is Humanitarian Parole?
While humanitarian parole is explicitly authorized by the INA for “urgent humanitarian reasons,” there is no statutory or regulatory definition of an “urgent humanitarian reason.” USCIS has stated, however, that it will consider factors such as the time-sensitivity of the circumstances and the degree of suffering that may result if parole is not authorized. According to USCIS, examples of urgent humanitarian circumstances could include, but are not limited to:
Receiving critical medical treatment in the United States;
Becoming an organ donor to an individual in the United States;
Visiting or caring for a sick relative in the United States;
Attending a funeral or settling the affairs of a deceased relative in the United States; or
Coming to the United States for protection from targeted or individualized harm.
What is Significant Public Benefit Parole?
Immigration law also authorizes parole that would result in a “significant public benefit,” but—like humanitarian parole—there is no statutory or regulatory definition of the term. Typically, this form of parole is used to allow noncitizens to appear for and participate in a civil or criminal legal proceeding in the United States. Significant public benefit parole might be granted, for example, to allow a key witness with no legal means of entering the United States to be paroled into the country long enough to testify in a criminal prosecution for drug trafficking.
What is Advance Parole?
Certain noncitizens who are already present in the United States, but wish to leave the country and return, can apply for “advance parole.” This constitutes permission from DHS to re-enter the United States after travel abroad. Importantly, however, the issuance of an advance parole document is not a guarantee that a person will be permitted to re-enter the United States when inspected at a port of entry upon their return.
Advance parole is commonly used when someone:
Filed an application for adjustment of status, but has not received a decision from USCIS;
Has a pending application for asylum or withholding of removal and intends to depart from the United States temporarily to apply for a U.S. immigrant visa in Canada;
Has an “emergent personal or bona fide reason” to travel temporarily abroad, such as a sick family member abroad; or
Is a Temporary Protected Status (TPS) recipient who seeks advance permission to travel abroad.
As of July 2022, USCIS will discontinue the use of advance parole for TPS recipients and instead create a TPS-specific travel document that uses a separate legal authority to permit TPS recipients to travel outside the United States and be inspected and admitted upon their return.
What Factors Are Considered in Making a Parole Decision?
Each DHS component has its own methodology for making parole decisions. Moreover, the factors to be considered will vary depending on the type of parole requested. In general, however, since parole is a discretionary benefit, all parole decisions will be made on a case-by-case basis, with the immigration officer considering the reason for the request and whether it constitutes a basis for parole, and then weighing the positive factors in the noncitizen’s case against any negative factors. In deciding whether to favorably exercise discretion, the immigration officer evaluates a number of factors, including:
The reason for the parole request;
Whether there is evidence of any criminal history or previous immigration violations;
Whether there is evidence of any previous participation in fraud;
Whether the noncitizen’s presence would benefit a U.S. citizen, lawful permanent resident (LPR), or community in the United States;
Evidence of the noncitizen’s character; or
Whether there are other means available to the noncitizen to enter the United States for the stated parole purpose, such as a visa.
The Parole Process and How It Works: Step-by-Step
Parole is reviewed on a case-by-case basis by an agency within DHS, and the burden of proof is placed on the applicant to establish that parole should be authorized. If parole is authorized, the agency authorizing parole will specify how long it may last, tailored to accomplish the purpose of the parole. Parole ends on the date it is set to expire, when the beneficiary departs the United States, or when the individual acquires an immigration status. DHS may revoke parole at any time if it is no longer warranted or the beneficiary violates the conditions of the parole. A parolee may also apply to extend or renew their parole with the agency that first issued the parole.
Must an Applicant for Parole into the United States Have a Sponsor within the United States?
Anyone may request parole into the United States from USCIS. The request may be submitted by the noncitizen or by another person on behalf of the noncitizen. With such requests, USCIS requires proof that the noncitizen will have a means of support while in the United States, often requiring that a parolee have a sponsor who agrees to provide financial support for the duration of the parole authorization period while the parolee is in the United States. An inability to provide evidence of financial support while in the United States may lead to a denial of parole. While there is no official requirement regarding a sponsor’s immigration status, DHS may consider a sponsor who has a more permanent status in the United States more favorably, based on its assumption that such sponsors are more reliably able to provide financial support to the parolee.
Parole from Immigration Detention
Parole is also a way a person can be released from immigration detention. Decisions on whether to release a person from ICE custody on parole are made by ICE and are based on the same factors as parole issued by USCIS. Parole from ICE custody is also divided into humanitarian parole and significant public benefit parole. The executive has the authority to issue memoranda describing what constitutes significant public benefit parole or humanitarian parole, since neither are defined in the statute or regulations and both are still based on a case-by-case analysis. One example of this is a memo encouraging release of arriving aliens who were found to have a credible fear of persecution and/or torture.
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