Humanitarian parole

Humanitarian parole is an immigration process that allows illegal immigrants to stay temporarily in the United States due to specific reasons, including humanitarian benefits and public benefits. The use of Humanitarian parole brings a scope of debates. Some people use or think of this process as a detour to allow illegal immigrants to stay in the United States permanently. Many debate whether Humanitarian Parole should be implemented as a short or long term stay. Some critics assert that illegal immigrants use Humanitarian parole as an advantage, while others disagree with that judgment. Others believe that humanitarian parole should be used for permanent stay, to help the illegal immigrants. But should it be used to let them temporarily stay in the United States for specific reasons? Should parole be used for other reasons besides humanitarian reasons or public benefit? And, could anyone with Humanitarian parole eventually transition to a permanent dwelling in the United States? These questions spark considerations of Humanitarian parole, and if its use for people without legal status can have more benefits or possibilities. 

Legal perspective

Humanitarian Parole

The United States government provides illegal immigrants with Humanitarian Parole. It is a system that allows individuals to request parole into the United States based on their circumstances. Form I-131 can be filed for humanitarian or public benefit reasons. Parole cannot exceed one year, and the government determines the period an individual can stay in the United States. 

A §212(d)(5)(A)INA\ §212(d)(5)(A)INA §212(d)(5)(A) (Immigration and Nationality Act (INA) §212(d)(5)(A))  Urgent Humanitarian Reasons, Significant Public Benefit (https://www.uscis.gov/humanitarian/humanitarian_parole?utm) (https://fam.state.gov/fam/09FAM/09FAM020203.html?utm)

Security

1. Immigration policy is primarily a federal government responsibility.

2. States generally cannot create their own immigration crimes independently.

3. States cannot replace or override federal immigration policy.

The federal government has authority and control over the immigration system, and states are required to follow it. In this case, Arizona created its own immigration laws that weren’t parallel to the federal government's. Section 3 states that it is a crime for a state not to carry immigration registration documents. However, Arizona made it a “state crime” for immigrants who didn’t agree with federal registration requirements. Section 5 was that illegal immigrants would be heavily punished for unauthorized employment, but the state of Arizona made it a crime. Section 6: Arizona allowed state officers to arrest an individual without a warrant if they believed that the individual had committed an offense. This strongly runs counter to the federal government, which is responsible for immigration determinations. State officers are not allowed to have border immigration authority. Section 2(B) was based on officers' power to verify an individual's immigration status during an arrest or detention. For this case, the federal court did not strike down the law. (https://supreme.justia.com/cases/federal/us/567/387/?utm)

Parole

Parole is a temporary authorization for noncitizens to enter or remain in the United States if they apply for admission but lack a legal basis. The USCIS and ICE have the authority to grant people. However, USCIS usually grants noncitizens who enter the United States for humanitarian reasons. ICE has separate jurisdictions and handles court hearings and intelligence matters. CBP makes decisions based on port entry. The factors that are included in humanitarian parole are limited, but are also vague, giving many opportunities for illegal immigrants. (https://www.americanimmigrationcouncil.org/fact-sheet/use-parole-under-immigration-law/?utm)

State of NJ policy for illegal immigrants: Driver's license

In December 2019, Governor Phil Murphy of New Jersey expanded the opportunity to have a driver's license and non-driver ID cards regardless of immigration status.  (https://www.nj.gov/mvc/press/archives/2021/042921.htm?utm)

NJ against Federal policy: anti-ICE policy

New Jersey, in particular, protects illegal immigrants and helps them, but federal immigration law applies in all U.S. states. There are specific laws that give New Jersey the right to provide opportunities to immigrants. For example, the NJ Immigrant Trust Act restricts local police from holding ICE detainers without a judge-issued warrant. New Jersey also allows immigrants to apply for driver’s licenses. Therefore, NJ offers a lot for immigrants, even going against ICE enforcement, to help undocumented immigrants.  ( https://www.vasquezlawnc.com/blog/new-jersey-immigration-laws?)

Questions

 Should Humanitarian Parole exist or not? 

Is it right to let illegal immigrants temporarily stay in the United States because of humanitarian benefits or significant public benefits?

Should the process for requesting a Humanitarian parole be different from how it is in the present?

What are specific factors to consider when applying for Humanitarian parole? 

What is the specific emergency or reason for applying for Humanitarian parole?