RedState.com recently published a piece on Title 42, parole, and asylum by someone who knows nothing about immigration law, procedure, or policy. The writer, Brittany Sheehan, uses the moniker “Brutal,” though I am uncertain why. Perhaps it is the current trend of women presenting themselves as “tough guys” in the media. An example of this is the Anti-White racist actress Charlize Theron, who threatened to “fuck up” anyone who was against the sexual mutilation and exploitation of children through recruitment by so-called “drag queens,” who are homosexual men attempting to gain access to children.
As Theron is stupid and evil, “Brutal” Brittany appears to just be stupid and arrogant. She portrays herself as some sort of activist on Covid policy, but also, like most opinion writers, appears to know nothing about what she writes, specifically she knows nothing about immigration law, immigration policy, or immigration enforcement. The piece she wrote is basically an excuse of the Biden Regime Parole Amnesty at the border, and the wider parole amnesty in general, as well as a hit piece on Ron DeSantis’ actions on immigration, though she studiously ignores the most important action DeSantis took on illegal immigration, which was extending mandatory E-Verify, ending in-state tuition for illegal aliens, and other moves.
Brittany’s attempt to explain the border crisis was a little disguised defense of the Biden Regime Parole Amnesty, which consist of the illegal use of parole and catch-and-release for millions of illegal aliens pouring across the southern border. The Biden Regime has used parole to admit previously deported aliens as well as using the legal fiction of advance parole to expand the adjustment of illegal aliens to lawful permanent residency, including Deferred Action For Childhood Arrivals (DACA) illegal aliens.
But Brittany thinks she is an immigration law expert, and even more so a parole expert. All because she googled “immigration parole” and got a link. Therefore she knows everything about the subject.
Border Patrol issued a memo on Wednesday with guidance for “parole with conditions” as a way to address potential overcrowding in detention facilities. Immigration parole is typically granted on a case-by-case basis for reasons of significant public interest or humanitarian concerns. The program requires financial sponsors, background checks, the ability to pay for travel, and health requirements. Normally, the process takes 60-120 days, but it can be expedited in certain circumstances.
While using the parole program for overcrowding purposes is not consistent with its usual operation, there is no specific definition of “significant public benefit” in the statutes or regulations.
Biden Isn’t Helping Migrants, DeSantis’ Immigration Parole Legal Stunt, and a Crisis of Rhetoric, by Brittany Sheehan, RedState, May 12, 2023
Just about everything she said in these two paragraphs is wrong. First, parole with conditions is not in immigration law, policy, regulation, or operating instructions. Paroling aliens arrested, but not served with Department of Homeland Security (DHS) Form I-862, Notice To Appear (NTA) is not allowed for under any conditions. It was a policy created on the fly because the Biden Regime is not enforcing immigration law at the border, not implementing Expedited Removal, not detaining those arrested for removal proceedings under Title 8 of the United States Code, or using Title 42 authority, consequently causing a mass flood of illegal aliens at the border. Creating a crisis by failing to enforce the law is not an authority to further violate the law.
Since the parole because of overcrowding is based on overcrowding, not a case-by-case review as required by statute, the “parole with conditions” is illegal, just as the previous Border Patrol “parole + ATD” was declared illegal by a court.
Not so bright Brittany then conflates on illegal Biden Regime Parole Amnesty program, the illegal parole program for Venezuelans, Ukrainians, Haitians, Nicaraguans, and Cubans with parole by the Border Patrol because there is no detention space.
The program requires financial sponsors, background checks, the ability to pay for travel, and health requirements. Normally, the process takes 60-120 days, but it can be expedited in certain circumstances.
No, Brittany, only the program for Venezuelans requires a “sponsor,” something, again, not provided for in law. There is no statute that an alien may be paroled based on having a “sponsor.” In any event, no sponsor was required for “parole+ATD” or “parole with conditions,” with both practices having been declared illegal by a court.
Here is the statutory language covering parole. There is no mention of sponsors:
(5)(A) The Attorney General may, except as provided in subparagraph (B) or in section 1184(f) of this title, in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.
(B) The Attorney General may not parole into the United States an alien who is a refugee unless the Attorney General determines that compelling reasons in the public interest with respect to that particular alien require that the alien be paroled into the United States rather than be admitted as a refugee under section 1157 of this title.
8 USC 1182: Inadmissible Aliens, unattributed, USCode.House.gov, undated
Note the requirements to be paroled: First and foremost, the alien must be an alien applying for admission, which means an alien who presents himself to an Immigration Officer at a Port-of-Entry (POE). An alien who enters the United States illegally is not an alien applying for admission, but is a criminal who violated Title 8 USC 1325, Unlawful Entry. An illegal alien is by definition ineligible for parole of any sort. Such aliens must be detained and either removed or placed in removal proceedings before the Executive Office For Immigration Review (EOIR), the immigration court system. None of the aliens arrested by the Border Patrol are eligible for parole, they are not aliens applying for admission, a condition of the statute authorizing parole.
Then we get some word salad from Brittany about asylum, refugees, and parole. She does not, yet again, understand the law. Parole is not a replacement for asylum, it is not a replacement for admission as a refugee, nor is it an open-ended immigration category.
In my understanding, Border Patrol had the discretion to use the parole program as long as the program requirements were met.
President Biden has established nationality-specific parole subprograms for Haitians, Cubans, and Nicaraguans, which seems to contradict the “case-by-case” standard, but okay. He has been targeting specific nationalities with unequal treatment since taking office (but we can delve into that further later). Immigration Parole was used in conjunction with Title 42 to ensure that the most vulnerable individuals couldn’t access asylum or qualify for admission under parole.
In my view, the program’s requirements and criteria do not adequately address the needs of refugees or asylum seekers. It doesn’t serve as either.
As above, the Border Patrol does not have the discretion to parole illegal aliens. Illegal aliens, once arrested, are required to be detained for removal. The fact that detention space is overwhelmed is because illegal aliens were not being removed quickly under Title 42 or Expedited Removal, which is the fault of the Biden Regime which was allowing specious asylum claims and not using Remain-In-Mexico. The crisis of a lack of detention space was created by the Biden Regime, so they could release unlimited numbers of illegal aliens because they created a detention crisis. The problem got so bad that illegal entrants were being released without NTAs because the numbers were so huge. But creating a crisis in order to parole aliens is not either a “case-by-case review” nor of a “significant public benefit.”
As with many who write on immigration, Brittany can’t even use the correct legal terms. She tries to blame the Biden Regime for smuggling routes used by illegal aliens, then describes the illegal parole program as a “visa policy” with Mexico and Peru.
Biden’s visa policy demands with Mexico and Peru have left the Darien Gap as the only viable route for many migrants. So, while you may hear that the border is “open,” we need to consider the concept that Biden has borders beyond our own border. If he didn’t, there would be no need for migrants to risk their lives in the Darien Gap.
While it is reasonable for certain forms of immigration to require financial stability, it’s important to acknowledge that those who could afford visas and plane tickets have likely already left their home countries, such as Venezuela. The individuals enduring the perilous journey through the Darien Gap, a treacherous and violent jungle, are not the ones who can easily access the parole program. Instead, the program targets Cubans, Haitians, and Nicaraguans who have been specifically affected by Title 42 and who are among the groups with the largest increases in migration. These individuals come from societies facing crises and often travel through the dangerous Darien Gap.
The reason that the disaster of illegal aliens flooding the Darien Gap is that most illegal aliens coming from Haiti, the Middle East, and Africa fly to South America to make the trek northward, along with those illegal aliens from South America itself. Cubans attempting to enter from Mexican border mostly fly direct to Mexico, as do most Chinese and other Asian illegal aliens. And the Biden Regime Parole Amnesty is not a “visa policy.” A visa is a permit issued at an American diplomatic post overseas to aliens seeking to apply for admission at a POE. Mexico and Peru have nothing to do with either visas or parole policies, and nothing as to why many illegal aliens need to walk from countries like Brazil to Mexico, which is because Brazil has no visa requirement for most Africans, Middle Easterners, or Haitians. She also conflates the illegal Biden Regime Parole Amnesty for Venezuelans, Nicaraguans, Haitians, Cubans, and Ukrainians with a visa system. There is nothing worse than commentators on immigration who do not have a necessary fundamental understanding of the complex issue.
Then we come to the lack of understanding of the asylum process and unlawful entry. Like the radical left, she claims that illegal aliens who claim asylum automatically become legal, which is not true. She also conflates aliens applying for asylum at a POE with illegal entrants.
It’s important to note that “building a wall” will not address the situation you observe at the ports of entry with asylum applicants. If you witness people forming orderly lines or going through a process with Border Patrol nearby, those are not “illegal crossings”; they are legal. If there is a desire to change the laws, it is a task for Congress.
No, This Line Does Not Make An Illegal Alien Legal
No, all those aliens you see in a line at the fence with Border Patrol nearby are not at a POE. Aliens in line at a POE, are those aliens applying for parole through the CBP One app. They are inadmissible aliens who are supposed to be placed in removal proceedings and then returned to Mexico to await their EOIR hearing there.
Those Brutal Brittany who enter without inspection, “going through a process with Border Patrol” in her parlance, are illegal aliens, nothing more, nothing less. They are not legal until they have their any claim adjudicated positively in the EOIR or by an Asylum Officer, i.e. their claim of asylum is granted. But for those like Brittany who do not know anything about immigration law, an inadmissible alien or an alien who enters the United States illegally, both remain illegal aliens.
But then we get to Brittany’s real purpose, she wants to make asylum claims easier.
Undoubtedly, the asylum system is broken, but it seems that some individuals prefer exacerbating its flaws rather than working towards a fairer, faster, and more functional system. President Biden did not appear keen on fixing it either.
We get an excuse, a more “fairer, faster, and more functional” asylum system, but we know that means more asylum approvals. What Brittany doesn’t know is that over 95% of asylum claims are fraudulent. While adjudications do need to be faster, more important is that fraudulent claims need to be denied more frequently.
Then we get a doubling down on the false claim that most asylum claims are at POEs.
No wall would prevent individuals from presenting themselves at a port of entry, which is what you are witnessing.
That is just not true, almost all the fraudulent asylum claims are by those who enter illegally and are arrested by the Border Patrol. Aliens are no longer allowed to just apply at a land POE, now they must use CBP One for an appointment at the POE, the number of which is increasing, but the CBP One is not used for an asylum claim, but for parole. And parole is not a substitute for an asylum claim, nor is it a substitute for a properly submitted application for admission as a refugee.
The main problem with Brittany uniformed screed is her complete ignorance. But she does present a solution to the asylum crisis, allow aliens to apply for asylum while outside the United States. We do get a catchy hashtag from her though.
Provide the option for individuals to apply for asylum through consulates and embassies. This would offer an alternative to risky cartel trafficking and dangerous journeys through treacherous areas. This approach I call “#ConsulatesNotCartels” and others reference as “Regional Processing Centers,” emphasizing the use of diplomatic channels for asylum applications.
An asylee is an alien who meets the definition of a refugee and is physically present in the United States. A refugee is an alien who is outside the United States who claims persecution or a well founded fear of persecution by his nation of citizenship or last habitual residence.
So, an alien outside the United States cannot apply for asylum, only to be a refugee. Brutal Brittany is supply a solution for a problem that does not exist. It is important to note that none of the illegal aliens who are claiming asylum have applied through the United Nations High Commission For Refugees (UNHCR) to be refugees, which informs us that any claims of persecution are fraudulent, and in most cases they don’t even make the claim, most admit they are economic migrants. Like your usual leftist, Brittany believes all the lies she sees on television or Twitter.
Which coincides with her other theme, DeSantis is a bad man and be wary of the Hispanic vote.
Late on Thursday, hours before Title 42 was set to expire, a federal judge in Florida issued a ruling blocking certain aspects of the Immigration Parole program. An injunction hearing is scheduled in two weeks. This lawsuit was filed by Florida Governor Ron DeSantis and Florida Attorney General Ashley Moody on Thursday…
If the Border Patrol had intended to meet the program’s requirements, Governor DeSantis’s intervention at the last minute was a political maneuver, similar to what happened with Martha’s Vineyard. It remains to be seen whether the Cuban and Haitian populations in Florida will take notice…
Acknowledge that Hispanics are observing and hearing the messages being shared. As election season approaches, politicians will seek their votes. Speak with care, people are people.
Hispanics voted overwhelmingly for DeSantis, so there is no point to this at all. Instead of pandering to Hispanics, DeSantis took an open and aggressive stance against illegal immigration, and won overwhelmingly.
But the petty leftist tyrant in Brutal Brittany really come out. She wants those who oppose illegal immigration to shut up.
Discourage the filming of migrants, as there are already enough individuals with smartphones and a barrage of rhetoric at the border. We cannot fully comprehend what these migrants have experienced or the situations they are fleeing from, which may include conflict zones. There are stories of migrant journeys that are too distressing to share. Let’s strive to be decent, admit our limitations in knowledge, and avoid using people as political props.
Just like an Antifa terrorist or the Anti-Defamation League (ADL), Brutal Brittany wants debate about the issue shut down. We must not hear the stories of the illegal aliens because it is too distressing. What she really means is that must believe the lies of the open borders activists.
And Brutal Brittany at the end of her screed claims once more that illegal aliens are not illegal aliens.
If we aim for better laws, we must acknowledge that the current situation is a result of the existing laws being applied. Understanding this is crucial for meaningful reform. We can’t say everything is “illegal” when it isn’t; that’s not a serious policy discussion. When introducing asylum reform, ensure that the intention is to improve the system’s functionality rather than making it intentionally unworkable for anyone. I’ve seen enough designed-to-fail systems.
No, Brutal Brittany, illegal aliens remain illegal aliens, even when they make a claim of asylum. But most never file a formal asylum claim. Instead they are trained by Treason Bar shysters to make up a “credible fear of persecution” claim in order to be released after arrest by the Border Patrol, then most never appear at either the onward U.S. Immigration and Customs Enforcement (ICE) office or at the EOIR hearing. Furthermore, those appearing at a POE are illegal as well, as the parole they receive is illegally granted.
It is always a disappointment to see commentary about immigration other than from experts. Most commentators and reporters know nothing about immigration and Brutal Brittany proves it.