Earlier this month the Department of Homeland Security under Secretary Alejandro Mayorkas introduced additional “family reunification parole” programs, which allow certain foreign nationals with relatives in the U.S. to come here immediately rather than wait for a family-based immigrant visa. It’s yet another lawless action taken under the guise of promoting legal immigration.
Family reunification is an important goal of the Immigration and Nationality Act (INA), but Congress also made clear that keeping immigration manageable requires limits to that goal. While immediate family members of U.S. citizens may obtain visas without restriction, all other family-based categories are subject to individual statutory caps, totaling 226,000 green cards per year. Without these caps, family reunification would push overall immigration beyond levels that Congress considers appropriate.
But congressional intent is not exactly top-of-mind for Secretary Mayorkas. He is more concerned that the caps generate waiting lists for family-based visas that can take years to become available. His solution is to use the parole power to allow some applicants to jump the line and enter today. . . .