'This latest parole program using an app is the subject of another lawsuit by 20 states and is just as illegal as Parole+ATD,' Hans von Spakovsky, Lora Ries & Steve Bradbury write.
Migrant children and teenagers from the southern border of the United State are processed after entering the site of a temporary holding facility Sunday, March 14, 2021, south of Midland, Texas. /Odessa American via AP)n a scathing opinion on Wednesday that questions the credibility of the Department of Homeland Security, U.S. District Court Judge T.
If aliens arriving illegally claim they are entitled to asylum because they are being persecuted, the statute says the aliens “shall be detained” pending a final determination of whether their claim is valid, which in the overwhelming number of cases is. In all other cases, unless an immigration official determines that, as Wetherell wrote in his opinion, the alien “is clearly and beyond a doubt” entitled to be admitted, the alien “shall be detained” for removal proceedings.
When DHS argued that the court could only “assume” that the aliens were in Florida since they might have given a Florida address, but don’t actually reside there, Wetherell pressed the government lawyer “on why the self-reported addresses were good enough for DHS to rely on to keep tabs on the released aliens, but not good enough for the Court to rely on in making a finding that the aliens were where they said they were going to be.
In a footnote, Wetherell said this was an “appropriate analogy, not only because it is a fair characterization of what” the administration is doing, but because DHS argued at trial that it “could not simply hang a ‘Closed’ sign on the border.” The DHS tried to argue that the huge increase in illegal aliens being released was “attributable to something other than a change in policy ,” but the judge said that claim was “simply not credible and is contrary to the weight of the evidence.”
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