Homeland Security Secretary Alejandro Mayorkas has defended a controversial policy that allows up to 30,000 migrants to be flown into the United States each month, calling it a "key element" of the Biden administration's border strategy. The policy, which has faced legal challenges, survived a lawsuit filed by twenty GOP-led states over its implementation for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV).

The program, originally announced in October 2022 for Venezuelans, permits a limited number of individuals to fly directly into the U.S. under certain conditions. These conditions include not entering the country illegally, having a sponsor in the U.S., and passing specific checks. In January 2023, the administration extended the program to include Haitians, Nicaraguans, and Cubans, and expanded it to accommodate up to 30,000 migrants per month. Participants in the program receive work permits and a two-year authorization to live in the country. The announcement coincided with the expansion of Title 42 expulsions to include these nationalities.

The twenty GOP-led states argued that the program was illegal, citing Congress's "exceptionally limited" parole power, which is intended to be used on a "case-by-case basis for urgent humanitarian reasons or significant public benefit." The states claimed that the program failed to meet these legal criteria and instead functioned as a new visa program, allowing hundreds of thousands of aliens to enter the United States without a valid basis.

However, U.S. District Judge Drew Tipton, a Trump appointee known to strike down Biden-era policies, ruled in favor of the administration, upholding the legality of the program. Secretary Mayorkas welcomed the court ruling, emphasizing that the parole processes for individuals from Cuba, Haiti, Nicaragua, and Venezuela would continue. He stated that these processes, which provide a safe and orderly way to reach the United States, had already resulted in a significant reduction in the number of encounters at the southern border.

Despite the administration's efforts to address migration challenges with "lawful pathways," record encounters at the border have been reported since the program's expansion. In FY23, there were more than 2.4 million migrant encounters, the highest ever recorded. December 2022 marked the first time that encounters surpassed 300,000.

Republicans have attributed the historic border crisis to the administration's policies, accusing it of promoting an open border by increasing releases into the interior, reducing interior enforcement, and discontinuing most border wall construction. The administration, on the other hand, claims to be facing a broader Hemisphere-wide crisis and is seeking additional funding and immigration reform from Congress.

Secretary Mayorkas rejected allegations that the border is open and urged potential migrants to use legal pathways instead of entering the country illegally. He warned that those without a legal basis to remain in the United States would be subject to prompt removal, a minimum five-year bar on admission, and potential criminal prosecution for unlawful reentry. The secretary emphasized the importance of utilizing the safe and orderly lawful pathways and processes established under the Biden-Harris administration.

As the controversy surrounding the migrant flight policy continues, the Biden administration faces mounting challenges to address the border crisis, seeking bipartisan support for comprehensive immigration reform and increased resources.

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