The Backdoor Border Policy Biden Hoped You Wouldn’t Notice

Posted By


 

If you’ve ever wondered how so many people have been entering the country over the last few years without Congress passing any new immigration law, the answer is something called “parole.”

And no, this is not the same thing you hear in criminal court.

Under U.S. immigration law, parole is a special permission that lets a foreign national come into the country temporarily.

It does not count as a real admission into the United States.

The person is still legally an “applicant for admission,” according to Congress.gov.

By law, this power comes from Section 212(d)(5)(A) of the Immigration and Nationality Act.

It says the Department of Homeland Security can use parole only for urgent humanitarian reasons or a significant public benefit.

In the past, that usually meant rare, individual cases.

Someone needed emergency medical care, or they needed to visit a dying family member. Groups were small and tightly screened.

But that changed in a major way during the Biden years.

Starting in 2022, DHS used parole on a scale the country had never seen before.

Instead of individual emergencies, the administration created large, structured parole programs for entire nationalities.

The Big Categorical Programs

One of the best known was “Uniting for Ukraine,” which allowed Ukrainians to enter the country if they had a U.S. sponsor.

DHS also launched the CHNV program for Cubans, Haitians, Nicaraguans, and Venezuelans.

Under this policy, up to 30,000 people a month from those four countries could apply for two years of parole.

The American Immigration Council confirms the numbers and process.

People needed a sponsor, had to apply online, and had to pass identity and security checks before flying into the United States.

Supporters of these programs say they created safer, more orderly ways for people to come in instead of rushing the border.

Critics, including many conservatives, saw it very differently.

The House Judiciary Committee Republicans called it an abuse of the parole authority.

They argued that turning parole into a mass-entry system violates the law’s clear requirement that parole must be case by case, not for an entire population.

Others described the whole setup as “asylum by memo,” meaning a new immigration system created by paperwork instead of Congress.

The CBP One App and Mass Border Releases

Another big controversy was the CBP One smartphone app.

DHS allowed migrants outside the U.S. to use the app to schedule appointments at ports of entry.

Many were then considered for parole once they showed up. This became a major entry point as the border numbers surged.

DHS also used what it called “Parole plus ATD,” meaning parole plus monitoring.

Instead of keeping people in detention, the government released many of them into the country with tracking and check-in requirements.

A federal judge in Florida struck this policy down, ruling it violated the law because parole must be temporary and used only when the purpose makes sense.

When DHS tried again with something called “Parole with Conditions,” the court blocked that too.

Court Battles And The Policy Whiplash

The fights did not stop there.

Texas and other states sued to block the CHNV program, but in March 2024 a federal court dismissed the case because the states lacked standing.

That meant CHNV stayed in place at that time.

Now that President Trump is back in office, DHS is moving to roll back or end the large categorical parole programs.

But those rollbacks are being challenged by different activist groups, and some courts have issued conflicting rulings.

AP News reports that parts of the dispute have even reached the Supreme Court.

How These Policies Hit States Like Ours

When Washington creates huge immigration pathways without Congress, states like Nevada end up dealing with the fallout.

Las Vegas police have warned for years that local resources get stretched thin when the federal government loses control of the border. Our schools and social services see the impact too.

Supporters of the Biden-era system say it lowered illegal crossings.

Critics say it encouraged even more people to come, trusting they too would be released.

What happens next will depend on the courts, Congress, and DHS.

This fight over parole is not just a policy debate in Washington.

It affects every state, including ours, and it will shape the border for years to come.

The opinions expressed by contributors are their own and do not necessarily represent the views of Nevada News & Views. Digital technology was used in the research, writing, and production of this article. Please verify information and consult additional sources as needed.