CBP Issues Memo on Policy on Parole with Conditions in Limited Circumstances Prior to the Issuance of a Charging Document

CBP issued a memo outlining when it may exercise discretionary parole authority for urgent humanitarian reasons or a significant public benefit including its use of parole prior to the issuance of a charging document. Released as part of the Florida v. Mayorkas litigation.

The memo states:

“This memorandum describes a policy concerning when CBP may ecercise its discretionary parole authority for urgent humanitarian reasons or a significant public benefit, including where there are conditions requiring the expeditious processing of noncitizens in exigent circumstances in order to ensure (1) appropriate and safe conditions for the health and safety of individual noncitizens in custody and (2) USBP’s continued ability to care out its critical border security and enforcement mission. During periods of sustained high encounter numbers, it is significantly more efficient for USBP to process individuals, consistent with INA § 235(a), 8 U.S.C. § 1225(a) for Parole with Conditions as opposed to issuing an NTA or other charging document at the time of encounter. Those subject to Parole with Conditions are not simply released into the community; they are required to schedule an appointment with ICE for initiation of section 24 removal proceedings, as appropriate, or, at a designated online location, request service of an NTA by mail.”

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Cite as AILA Doc. No. 23051200.

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