Fact-Checking the PolitiFact 'Parole Amnesty' Fact-Check

Notably, the Facebook post in question never claims that the "Parole" amnesty for aliens under H.R. 5376 is the same as criminal parole, but nonetheless, PolitiFact includes a large subhead that reads "Misleading use of 'parole' and 'criminal'" - a claim that the author never proves.

Instead, the author offers opinions from immigration specialists as to whether "Criminals" would be eligible for the benefits in section 60001 of the BBB. For example, the PolitiFact article states: "People convicted of crimes in the U.S. would not be eligible for immigration parole under this provision", quoting one expert.

Notably, only aliens who are inadmissible under the criminal provisions in section 212(a)(2) of the INA are barred from parole under paragraph 60001(b)(3) of the INA - not all aliens with criminal convictions.

Every case is different, but it is beyond cavil that many if not most of those aliens would not be removable under section 212(a)(2) of the INA, and therefore would be eligible for parole under H.R. 5376.

Many, most, or all those aliens are not inadmissible under section 212(a)(2) of the INA, and therefore are eligible for parole under the BBB. There Is No Aggravated Felony Ground in Section 212(a)(2) of the INA. Like gun crimes, aggravated felonies as defined in section 101(a)(43) of the INA are not grounds for inadmissibility under section 212(a)(2) of the INA. Most crimes identified as aggravated felonies in that provision are also covered under section 212(a)(2) of the INA as CIMTs or drug trafficking offenses, but many serious ones may not be, and many aren't.

The Supreme Court has specifically held that an alien's failure to register under section 262 of the INA while living in the United States illegally is a "Continuing crime" under that provision and section 266 of the INA. I explained in a 2018 post that few if any aliens who entered illegally and who have not already applied for immigration benefits are in violation of these provisions, a misdemeanor offense under section 266(a) of the INA. Neither PolitiFact nor the experts it cites referred to either that case or to sections 262 and 266 of the INA. Criminal Gang Members.

If the heavily tattooed individual depicted on the Facebook post were to apply for parole under the BBB, and is not otherwise inadmissible under section 212(a)(2) of the INA, DHS would be required to grant him parole.
 

https://cis.org/Arthur/FactChecking-PolitiFact-Parole-Amnesty-FactCheck