DCNF EXCLUSIVE: Here are the Docs Instructing Border Patrol to Release Waves of Migrants Into the Country

By Published on May 11, 2023

Border Patrol agents have been instructed to begin releasing illegal migrants into the country without a notice to appear in court, as officials prepare for the expected surge in immigrants crossing the southern border, according to documents exclusively obtained by the Daily Caller News Foundation.

Border Patrol Chief Raul Ortiz sent the instructions Wednesday, asking senior officials in the agency to begin the mass parole of illegal migrants ahead of the end of Title 42, a Trump-era expulsion policy, on May 11. The illegal immigrants will be “parole[d] with conditions,” meaning they are required to schedule a court date with Immigration and Customs Enforcement (ICE) or request service of a Notice to Appear (NTA), according to the instructions.

Those paroled into the country will be screened by Border Patrol for their criminal and immigration history, and will be assessed by agents on a case-by-case basis.

Border sectors should request to use parole with conditions if either holding capacity is over 125%, agents across the southern border have apprehended 7,000 migrants per day for more than 72 hours or migrants are spending an average of over 60 hours in custody, according to the instructions.

Although paroling illegal immigrants into the country is inevitable with the expected surge, it nevertheless poses a risk to national security, a Department of Homeland Security official, who requested anonymity because they weren’t authorized to speak publicly, told the DCNF.

“There is no other option than to parole. It will make it easier for the processing agent and for the facility to get people out. Of course that will be the route that will be taken. There is no way you can do vetting when you have 4,000 in custody. You just have to parole them,” the official said.

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Paroled illegal migrants will also be released without any tracking technology, according to NBC News.

Border agents have recorded an average of 8,750 encounters per day for the last week, which is double the average daily encounters during the height of a migrant surge in May 2019, according to the instructions.

“This memorandum describes a policy concerning when CBP (Customs and Border Protection) may exercise 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 carry out its critical border security and enforcement mission,” the instructions state.

Jennie Taer//Daily Caller N… by Daily Caller News Foundation

Border agents are not permitted to parole illegal migrants that are determined to be “unmitigable” flight risks, national security risks, public safety threats or unaccompanied children, according to the instructions.

DHS didn’t respond to a request for comment.


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