Posted on April 25, 2023

Biden Opens a New Back Door on Immigration

Miriam Jordan, New York Times, April 23, 2023

Amid a protracted stalemate in Congress over immigration, President Biden has opened a back door to allow hundreds of thousands of new immigrants into the country, significantly expanding the use of humanitarian parole programs for people escaping war and political turmoil around the world.

The measures, introduced over the past year to offer refuge to people fleeing Ukraine, Haiti and Latin America, offer immigrants the opportunity to fly to the United States and quickly secure work authorization, provided they have a private sponsor to take responsibility for them.

As of mid-April, some 300,000 Ukrainians had arrived in the United States under various programs — a number greater than all the people from around the world admitted through the official U.S. refugee program in the last five years.

By the end of 2023, about 360,000 Venezuelans, Cubans, Nicaraguans and Haitians are expected to gain admission through a similar private sponsorship initiative introduced in January to stem unauthorized crossings at the southern border — more people than were issued immigrant visas from these countries in the last 15 years combined.

The Biden administration has also greatly expanded the number of people who are in the United States with what is known as temporary protected status, a program former President Donald J. Trump had sought to terminate. About 670,000 people from 16 countries have had their protections extended or become newly eligible since Mr. Biden took office, according to a new report from the Pew Research Center.

All told, these temporary humanitarian programs could become the largest expansion of legal immigration in decades.

“The longer Congress goes without legislating anything on immigration, the more the executive branch will do what it can within its own power based on the president’s principles,” said Theresa Cardinal Brown, senior adviser at the Bipartisan Policy Center in Washington.

The main challenge, she noted, is that “the courts can come in and say it’s outside the president’s authority, or an abuse of discretion, and take it all away.”

Already, critics have complained that the administration is using unfettered discretionary power that runs afoul of the laws Congress passed to regulate legal immigration, a system based primarily on family ties and, to a lesser extent, employment.

With Mr. Biden expected to kick off his re-election campaign this week, Republicans are likely to focus on what they call his overly permissive immigration policies.

Twenty Republican-led states, including Texas, Florida, Tennessee and Arkansas, have sued in federal court to suspend the parole program for residents of Cuba, Haiti, Nicaragua and Venezuela, arguing that it will admit 360,000 new immigrants a year from those countries and burden states with additional costs for health care, education and law enforcement.

Alabama, one of the plaintiffs, cited estimates that even before these programs, up to 73,000 undocumented immigrants were already living in that state, about 68 percent of them with no medical insurance and 34 percent with incomes below the poverty line, an influx the state said was costing taxpayers about $324.9 million a year.

“This constitutes yet another episode in which the administration has abused its executive authority in furtherance of its apparent objective for immigration policy: open borders and amnesty for all,” Ken Paxton, the Texas attorney general who is leading the states’ lawsuit, said when it was filed.

In adopting the programs for Latin Americans, the Biden administration was responding to widespread criticism over the chaotic situation on the southern border, which last year saw 1.5 million unauthorized crossings. It bypassed years of failed attempts in Congress to legalize undocumented workers already in the country or to make more visas available to employers who wish to bring in temporary workers.

The new parole programs are temporary — most expire after two years, unless they are renewed — but they already are changing the nature of immigrant arrivals. The migrants who were admitted to the country after flooding the border from many of the same conflict-ridden countries last year have not been allowed to work for at least six months, after opening an asylum case.

As a result, many have wound up in shelters in cities like New York, which has struggled to accommodate them.

The humanitarian parole program, in contrast, requires immigrants to first have a sponsor in the United States who will take financial responsibility for settling them in, and expeditiously offers a work permit for those approved. Employers with worker shortages are welcoming the arrivals as an important new labor pool.

The administration’s goal was to discourage the hundreds of thousands of migrants who were arriving at the border by allowing people to apply in a more orderly fashion from their home countries. After the programs began, overall Border Patrol apprehensions at the border reached their lowest levels in two years, led by a precipitous decline in Cubans, Haitians, Nicaraguans and Venezuelans. Average weekly apprehensions declined to 46 in late February from 1,231 in early January, when some of the parole measures were announced.


Overall border crossings from all nationalities, however, remain near historic highs, even with the new programs.

The programs have divided leaders of Republican states. Some, including those suing, contend that with the new programs, Mr. Biden has effectively kept the country’s doors wide open, although instead of masses of people crossing without authorization, he has invited them in legally.

But the programs have attracted broad support in the business community in some conservative states, like North Dakota, where there is deep concern over worker shortages.