The Biden administration is preparing to release migrants into the United States without court dates or the ability to track them, according to three sources familiar with the plans.
The move comes after more than 11,000 migrants were caught crossing the southern border on Tuesday, a record–breaking number that surpasses expectations of 10,000 per day predicted by Department of Homeland Security officials.
The Biden administration had previously enrolled those migrants who were released into a program known as Alternatives to Detention, which required them to check in on a mobile app until they were eventually given a court date. The new policy would release them on “parole” with a notice to report to an Immigration and Customs Enforcement (ICE) office but without enrolling them in the program.
Speaking at a news conference just before noon, Homeland Security Secretary Alejandro Mayorkas said the migrants who will be affected by this policy represent “a fraction of the people that we encounter.”
A DHS spokesperson said the new policy will apply only to migrants who have been carefully vetted.
“This may include processing migrants for parole to reduce the amount of time they spend in custody. Each parole will be considered on an individualized case–by–case basis, and individuals who are released will be required to check in with Immigration and Customs Enforcement and undergo removal proceedings in immigration court. Individuals may be placed into an Alternatives to Detention program to ensure compliance, if deemed appropriate. The targeted use of parole will allow Border Patrol to focus its resources most effectively to quickly process and remove individuals who do not have a legal basis to remain in the country,” the spokesperson said.
The Biden administration is set to lift Title 42 at 11:59 p.m. ET Thursday, allowing more migrants to enter the country and be screened for a potential asylum claim. The policy shift is expected to draw more migrants and slow down processing times for migrants in Border Patrol custody.
Customs and Border Protection processing centers are currently holding more than 27,000 migrants, according to the two sources familiar with the numbers, far higher than the roughly 18,500 the facilities are equipped to hold. The decision to quickly release migrants in centers that are over capacity is designed to alleviate overcrowding in them ahead of what is expected to be a greater surge when Title 42 lifts.
“It’s a public health danger. We will start having people die,” the DHS official said about the overcrowding problem.
The move to release migrants without court dates or tracking has sparked criticism from some Republicans, with Rep. Jim Jordan (R–OH) saying it “will only encourage more illegal immigration and make our border crisis worse.”
“The Biden administration needs to quickly get control of the border and stop incentivizing illegal immigration. It’s time to start enforcing the law,” Jordan said in a statement.
It remains to be seen if the Biden administration’s decision to release migrants without court dates or tracking will be effective in reducing overcrowding in Customs and Border Protection processing centers.
