When an illegal immigrant is encountered by Border Patrol near the southern border, federal immigration law mandates that all such persons, even those who express a fear of returning to their home country, “shall be detained” until they are either deported or granted asylum.
In 1952, Congress created an exception to the mandatory detention of immigrants who are arrested after illegally crossing the southern border. Presidents from Dwight Eisenhower to Joe Biden have since abused this “parole” power, and Congress has repeatedly narrowed its statutory definition only to have presidents abuse their authority again.
Presently the parole statute says that illegal immigrants can be paroled into the United States “only on a case-by-case basis” and only for two specific reasons. The secretary of Homeland Security must identify, for each immigrant paroled into the U.S., either an “urgent humanitarian reason” or a “significant public benefit.”
In the House Judiciary Committee report adopted along with this new language, the House Judiciary Committee noted:
“Parole should only be given on a case-by-case basis for specified urgent humanitarian reasons, such as life-threatening humanitarian medical emergencies, or for specified public interest reasons, such as assisting the government in a law- enforcement-related activity. It should not be used to circumvent Congressionally-established immigration policy or to admit aliens who do not qualify for admission under established legal immigration categories.”
Asked, under oath, by Sen. Katie Britt (R-AL) on April 10, 2024, to identify the basis for his decision to parole Jose Ibarra, an illegal immigrant who would go on to be arrested after allegedly killing a Georgia nursing student, Mayorkas said, “There was no derogatory information of which we were aware in our holdings to compel the detention of this individual.”
Note a few things in this answer: 1.) Mayorkas willingly commented on the case, 2.) Mayorkas had knowledge that there was “no derogatory information” about the “individual” in question, and 3.) Mayorkas failed to identify either a humanitarian or public benefit justification for Ibarra’s release.
Fast forward to Wednesdsay, and Mayorkas again testified to Congress, this time under questioning from Rep. Dan Bishop (R-NC). Mayorkas is again asked to identify either an urgent humanitarian or public benefit reason for why Ibarra was paroled into the U.S., and Mayorkas changed his answer.
“Congressman, we abide by the law. We apply our parole processes in obeyance of the law,” Mayorkas said. “The public safety of the American people is our highest priority. And I would be pleased to share case details with you on any case of concern to you subsequent to this hearing. I don’t have the case details with me today.”
Notice how he is willing to “share case details” with Congress about Ibarra, but now, suddenly, he is pleading ignorance about Ibarra specifically.
Asked specifically if he couldn’t provide details on Ibarra because “you would have to review something before you could share case details, or you just can’t say it in this forum,” Mayorkas responded with “the former.”
Fast forward again to Thursday, and now Mayorkas is before the Senate Homeland Security Committee. Again he is asked to identify the legal justification for releasing Ibarra into the country by Sen. Josh Hawley (R-MO), except now, suddenly, Mayorkas says, “I am not going to speak about the facts of the case because there is an ongoing criminal investigation.”
As Hawley was quick to point out, that new answer was light-years different from what he told first Britt and then Bishop. Mayorkas told Britt that Ibarra was released because the Department of Homeland Security had “no derogatory information” about the “individual” in question. Then Mayorkas told Bishop he would be happy to share details about the case — he just didn’t know them. Now, suddenly, Mayorkas is saying he can’t comment at all.
Hawley then explained that Mayorkas probably changed his answer because Congress was finally given the parole file of Ibarra. Hawley then read Ibarra’s file into the record:
“Let’s just review Jose Ibarra and how he came to be here. On September the 8th, 2022. He was encountered by the United States Border Patrol in El Paso, Texas, and was paroled into the United States due to lack of detention capacity. A provision, a rule that is not permitted under the statute.”
“You and I both know you know this. You knew it when you were talking to Congressman Bishop. You knew it when you were testifying to Sen. Britt, and you know it today. You just never wanted to cop to it because the statute doesn’t permit it. And so you lied to Congressman Bishop, and you lied to Sen. Britt, and now you are hiding behind the ongoing prosecution excuse because it’s the last one left to you. Because you testified falsely under oath.”
“Then on July 19th, 2023, Ibarra reports for a biometric appointment and was fingerprinted. This is now in New York. The results come back and indicate he has a criminal history. So he’s in this country. He has a criminal history. September 14th, he is arrested in New York by NYPD. For what? Injuring a child? September 14th, 2023, he is arrested for injuring a child.”
“What happens? The offense was never prosecuted, and the arrest was expunged. I’m reading right out of the profile. Expunged.”
“Nothing is done to this guy. He had a criminal record to start with. He’s in the country on illegal grounds. You have falsely and illegally allowed him in. He commits a crime against a child. He’s not prosecuted. It’s expunged.”
“In November, get this, in November, Ibarra files an application for employment authorization. And unbelievably, on December the 9th, 2023, it’s approved.”
“So this is your policies and action, Mr. Secretary. A criminal is permitted into this country on grounds flatly not permitted. Flatly contradictory to the statute, he commits a crime against a child, and then he gets a work permit. He gets a work permit.”
“And then what’s he do? Well, we all know that in February, he commits the heinous crime against Laken Riley. Is this a record that you are proud of?”
To recap: Ibarra was arrested by Border Patrol after illegally entering the U.S. Instead of detaining Ibarra, as is required by law, Mayorkas released him into the U.S.
DHS then finds out Ibarra has a criminal history. Instead of finding him, arresting him, and deporting him, Mayorkas does nothing.
Ibarra is then arrested by the New York Police Department on a charge of child endangerment. Again Mayorkas does nothing.
Ibarra then asks DHS for a work permit, after Mayorkas knows he is a criminal illegal immigrant, and Mayorkas grants him a work permit.
Then, finally, this criminal who was illegally released into the U.S. by Mayorkas on a case-by-case basis, and was given permission to work in the U.S. by Mayorkas, was arrested after the slaying of a nursing student in Georgia.
There are now literally thousands more Jose Ibarras in the U.S. because of President Joe Biden and Homeland Security Secretary Alejandro Mayorkas.
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The only way to stop more Jose Ibarras from entering the U.S., let alone get the existing ones out, is to remove Biden and Mayorkas from office.
There is no other way.
