Mayorkas calls Florida ruling that blocks migrant releases on parole ‘very harmful’

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Alejandro Mayorkas
Secretary of Homeland Security Alejandro Mayorkas speaks at a news conference on Wednesday, May 10, 2023, ahead of the lifting of Title 42. (AP Photo/Kevin Wolf) Kevin Wolf/AP

Mayorkas calls Florida ruling that blocks migrant releases on parole ‘very harmful’

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Homeland Security Secretary Alejandro Mayorkas called a recent Florida ruling that blocked the quick release of migrants into the United States “very harmful.”

Last Thursday, a judge implemented a two-week restraining order on a policy of releasing illegal immigrants into the U.S. without proper notices for court hearings, something critics are saying is similar to a previous policy known as “catch and release.” Mayorkas affirmed that his department will adhere to the ruling.

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“We have an obligation to comply with that ruling. We respectfully disagree with the judge. We think it’s a very harmful ruling when in fact, our Border Patrol stations become overcrowded; it is a matter of the safety and security of people, including our own personnel, not just the vulnerable migrants,” Mayorkas told ABC’s This Week.

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District Judge Kent Wetherell II determined that a challenge from Florida Attorney General Ashley Moody against the policy would likely succeed. The Justice Department late Friday requested two stays be imposed to block that order — one on that Thursday ruling and another on a similar ruling back in March.

Wetherell, an appointee of former President Donald Trump, rejected the stay request on the March ruling, but did not immediately respond to the other motion for stay in a Saturday order.

“This is something that administration after administration has done,” Mayorkas added.

Oftentimes, individuals who seek to cross the border make asylum claims, which leads to officials assigning them a court date to hear their case. However, the courts often get overwhelmed, and as a result, Border Patrol can struggle to process all those individuals making those requests, leading to a strain at detention facilities.

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Mayorkas noted that Border Patrol released a “number” of migrants “because of the surge that we experienced before Title 42 came to an end.” He did not specify the exact amount.

Title 42 is a pandemic-era policy that permitted Border Patrol to expeditiously expel migrants from the U.S. even if they were pursuing asylum. The policy ended last Thursday, prompting concerns about a mass surge at the border.

A Border Patrol memo issued before the court ruling said some migrants can be released into the U.S. on parole if there are “urgent humanitarian reasons or significant public benefit,” such as overcrowding.

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Mayorkas claimed that encounters at the border have been nearly cut in half over the past two days relative to earlier in the week. He claimed there were about 6,300 on Friday and 4,200 Saturday, below the “10,000 before the end of Title 42 earlier last week.” He cautioned that it is not a guarantee that the surge has peaked just yet.

“Over the past two days, the United States Border Patrol has experienced a 50% drop in the number of encounters versus what we were experiencing earlier in the week,” Mayorkas told CNN’s State of the Union. “It is still early; we are in day three.”

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