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1 1 (January 11, 2024)

handle is hein.crs/govenys0001 and id is 1 raw text is: Congressional_______ A Research Service Humanitarian Parole Authority: A Legal Overview and Recent Developments January 11, 2024 Parole authority under 8 U.S.C. @ 1182(d)(5)(A) has garnered recent attention by lawmakers. Section 1182(d)(5)(A) grants discretion to the Department of Homeland Security (DHS) to temporarily parole an alien who is applying for admission to the United States into the country only on a case-by-case basis for urgent humanitarian reasons or significant public benefit. This provision does not define urgent humanitarian reasons, significant public benefit, or case-by-case basis, leaving substantial debate over the manner in which the executive branch exercises discretion in invoking what is commonly known as humanitarian parole authority. One such question that has resulted in ongoing litigation is whether parole processes for certain classes of persons contravene the case-by-case basis requirement (e.g., current parole processes for individuals from Cuba, Haiti, Nicaragua, and Venezuela implemented by the Biden Administration). This Legal Sidebar provides an overview of the parole authority, briefly discusses Section 1182(d)(5)(A) and its historical uses, examines current litigation, and reviews recent legislative proposals. Overview Section 1182(d)(5)(A) provides: The Attorney General may ... in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States. Although the current statutory language references the Attorney General as exercising parole authority, the Homeland Security Act of 2002 transferred most immigration functions, including parole authority, from the Attorney General to the Secretary of the newly established DHS. Parole allows an alien, who may be considered inadmissible and ineligible to be admitted to the United States under immigration laws, to either enter, reenter, or remain in the United States for a temporary Congressional Research Service https://crsreports.congress.gov LSB11102 CRS Legal Sidebar Prepared for Members and Committees of Congress

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