WASHINGTON, D.C. – The U.S. Senate unanimously passed legislation co-introduced by Senator Thom Tillis that would require the U.S. Department of Homeland Security (DHS) to accurately report how it is handling migrants encountered at the border and ensure the American people have a full accounting of the number of migrants being released into the United States by the Biden-Harris Administration.

“The Biden-Harris Administration’s disastrous policy decisions have led to 10.2 million encounters at our Southern border since taking office, and it is clear they would prefer to keep the American people in the dark about their failures,” said Senator Tillis. “I am proud the Senate unanimously passed this legislation that will require real transparency about President Biden and Vice President Harris’ failure to stop the flow of illegal immigration at our Southern border.”

Background:

The Biden-Harris Administration’s strategy for handling the influx ofmigrants at the border has been to funnel them into so-called “parole” or unlawful release programs, including the Cuban, Haitian, Nicaraguan, and Venezuelan parole program, an expanded Central American Minors program that now includes adults, and the likely widespread use of parole at Ports of Entry (POEs). These migrants are eligible for work authorization, and there is limited visibility into whether they ultimately depart the United States.

Right now, there are currently only limited public data available on the total number of people who have been released into the U.S. under these programs, whether they are even making asylum claims before they are released, what screenings are taking place, or whether these migrantsever depart the United States. The Southern Border Transparency Act would require DHS to fully report on how it is handling migrantsencountered at the border, including:

• The number of migrants paroled at each POE and in each Border Patrol sector;
• The number of migrants apprehended at each POE and in each Border Patrol sector and how many were granted voluntary departure, placed into expedited removal, or simply released into the interior; 
• The number of petitions for parole received and granted by U.S. Citizenship and Immigration Services (USCIS);
• And the total number of migrants paroled into the United States each fiscal year, whether they are granted work authorization, and whether they ultimately depart the United States when their parole expires.  

Last year, the Biden-Harris Administration acted without Congress’ consent to create programs that allow for hundreds of thousands ofmigrants to be paroled and released into the United States annually. One allows migrants from Cuba, Haiti, Nicaragua, and Venezuela to legally remain in the U.S. for two years and offers work authorizations to up to 360,000 people a year. The administration has also released hundreds of thousands of migrants who scheduled immigration appointments with U.S. Customs and Border Protection (CBP) through the CBP One app, including individuals from Iran, China, and Russia.

These practices result in decreased apprehensions, but do not decrease the number of migrants with unrealistic asylum claims who are entering and remaining in the United States. Separately, the administration is releasing an unknown number of individuals under the label of “humanitarian release,” although it is unclear who qualifies. Although some migrants are placed into expedited removal proceedings, most are released into the interior of the U.S. before DHS even determines whether they will make asylum claims, let alone whether those claims are even credible on their face.

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