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Tuesday, December 3, 2024

Senate passes bill requiring DHS to report catch-and-release data

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Sen. Thom Tillis | Sen. Thom Tillis Official Website

Sen. Thom Tillis | Sen. Thom Tillis Official Website

The U.S. Senate has unanimously passed legislation co-introduced by Senator Thom Tillis that mandates the U.S. Department of Homeland Security (DHS) to provide detailed reports on how it handles migrants encountered at the border. This move aims to ensure transparency regarding the number of migrants being released into the United States by the Biden-Harris Administration.

“The Biden-Harris Administration’s disastrous policy decisions have led to 10.2 million encounters at our Southern border since taking office, and it is clear they would prefer to keep the American people in the dark about their failures,” said Senator Tillis. “I am proud the Senate unanimously passed this legislation that will require real transparency about President Biden and Vice President Harris’ failure to stop the flow of illegal immigration at our Southern border.”

The legislation, known as the Southern Border Transparency Act, addresses concerns over current administration strategies for managing migrant influxes through various parole or release programs. These include programs for Cuban, Haitian, Nicaraguan, and Venezuelan migrants, an expanded Central American Minors program now including adults, and likely widespread use of parole at Ports of Entry (POEs). Migrants under these programs are eligible for work authorization, but there is limited visibility into whether they ultimately leave the United States.

Currently, public data on migrants released into the U.S. under these programs is sparse. The new act requires DHS to report comprehensively on several aspects:

- The number of migrants paroled at each POE and in each Border Patrol sector.

- The number of migrants apprehended at each POE and in each Border Patrol sector and their subsequent handling (voluntary departure, expedited removal, or release into the interior).

- The number of parole petitions received and granted by U.S. Citizenship and Immigration Services (USCIS).

- The total number of migrants paroled into the United States annually, including those granted work authorization and whether they depart when their parole expires.

Last year, without Congressional consent, the Biden-Harris Administration established programs allowing hundreds of thousands of migrants from Cuba, Haiti, Nicaragua, and Venezuela to remain legally in the U.S. for two years with work authorizations available for up to 360,000 individuals annually. Additionally, hundreds of thousands have been released after scheduling immigration appointments via CBP's One app.

These practices reportedly reduce apprehensions but do not decrease entries or stays by migrants with potentially unrealistic asylum claims. An unknown number are also released under "humanitarian release," although qualifying criteria remain unclear. While some face expedited removal proceedings, most are released before DHS determines if they will make credible asylum claims.

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