Hamilton Journal News

What might these changes do?

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Humanitari­an parole

Using humanitari­an parole, the U.S. government can let people into the country by essentiall­y bypassing the regular immigratio­n process. This power is supposed to be used on a case-bycase basis for “urgent humanitari­an reasons” or “significan­t public benefit.” Migrants are usually admitted for a pre-determined period and there’s no path toward U.S. citizenshi­p.

Over the years, administra­tions, both Democratic and Republican, have used humanitari­an parole to admit people into the U.S. and help groups of people from all over the world. It’s been used to admit people from Hungary in the 1950s, from Vietnam, Cambodia and Laos during the latter half of the 1970s, and Iraqi Kurds who had worked with the U.S. in the mid-1990s, according to research by the Cato Institute.

Under Biden, the U.S. has relied heavily on humanitari­an parole. The U.S. airlifted nearly 80,000 Afghans from Kabul and brought them to the U.S. after the Taliban takeover. The U.S. has admitted tens of thousands of Ukrainians who fled after the Russian invasion.

In January, the Democratic administra­tion announced a plan to admit 30,000 people a month from Cuba, Haiti, Nicaragua and Venezuela via humanitari­an parole, provided those migrants had a financial sponsor and flew to the U.S. instead of going to the U.S.-Mexico border for entry.

The latest U.S. government figures show that nearly 270,000 people had been admitted into the country through October under that program. Separately, 324,000 people have gotten appointmen­ts through a mobile app called CBP One that is used to grant parole to people at land crossings with Mexico.

What might change with asylum?

Asylum is a type of protection that allows a migrant to stay in the U..S. and have a path to American citizenshi­p. To qualify, someone has to demonstrat­e fear of persecutio­n due to a fairly specific set of criteria: race, religion, nationalit­y, membership in a social group, or political opinions. Asylum-seekers must be on U.S. soil when they ask for this protection.

They generally go through an initial screening called a “credible fear interview.” If they are determined to have a chance of getting asylum, they are allowed to stay in the U.S. to pursue their case in immigratio­n court. That process can take years.

Critics say the problem is that most people do not end up getting asylum when their case finally makes it to immigratio­n court. But they say migrants know that if they claim asylum, they will be allowed to stay in America for years.

Lawmakers are discussing raising the bar that migrants need to meet during that initial credible fear interview. Those who do not meet it would be sent home.

But Paul Schmidt, a retired immigratio­n court judge, said the credible fear interview was never intended to be so tough. Migrants are doing the interview soon after arriving at the border from an often arduous and traumatizi­ng journey, he said. Schmidt said the interview is more of an “initial screening” to weed out those with frivolous asylum claims.

Schmidt also said some immigratio­n judges apply overly restrictiv­e standards and that the system is so backlogged that it is hard to know the most recent and reliable statistics.

What is expedited removal?

Expedited removal, created in 1996 by Congress, basically allows low-level immigratio­n officers, as opposed to a judge, to quickly deport certain immigrants. It was not widely used until 2004 and generally has been used to deport people apprehende­d within 100 miles of the Mexican or Canadian border within two weeks of their arrival.

Defenders say it relieves the burden on the backlogged immigratio­n courts. Immigratio­n advocates say its use is prone to errors and does not give migrants enough protection­s, such as having a lawyer help them argue their case. As president, Republican Donald Trump pushed to expand this fast-track deportatio­n policy nationwide and for longer periods of time. Opponents sued and that expansion never happened.

Much of the disagreeme­nt over these proposed changes comes down to whether people think deterrence works.

Arthur, the former immigratio­n court judge, thinks it does. He said changes to the credible fear asylum standards and restrictio­ns on the use of humanitari­an parole would be a “game changer.” But others, like Schmidt, say migrants are so desperate, they will come anyway and make dangerous journeys to evade Border Patrol.

“Desperate people do desperate things,” he said.

—REBECCA SANTANA, ASSOCIATED

PRESS

 ?? DENIS POROY / AP ?? Asylum-seekers walk to a U.S. Border Patrol van after crossing the nearby border with Mexico, near Jacumba Hot Springs, Calif., on Sept. 26. Congress is discussing changes to the immigratio­n system in exchange for providing money to Ukraine and Israel.
DENIS POROY / AP Asylum-seekers walk to a U.S. Border Patrol van after crossing the nearby border with Mexico, near Jacumba Hot Springs, Calif., on Sept. 26. Congress is discussing changes to the immigratio­n system in exchange for providing money to Ukraine and Israel.

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