As my colleague Todd Bensman and I have both recently explained, much of the focus on what a federal judge has referred to as the Biden administration's "Overarching non-detention policy" for migrants at the Southwest border has shifted to the ports of entry - where the president is attempting to funnel those migrants into the country and hide the resulting disaster from the public.
There are many misstatements of fact in that excerpt, beginning with the assertion that would-be illegal migrants could only schedule appointments for interviews at the border ports of entry once "Title 42 lifted" on May 11.
Returning to the January 5 White House press release and the May 16 CLAP rule, each contends that this funneling of migrants into the United States through the ports of entry is somehow a lawful course of entry.
How's Biden Releasing Thousands of Migrants Monthly at the Ports? Which brings me to the question of what the Biden administration is doing with those migrants who make appointments at the Southwest border ports of entry using the CBP One app.
Here is how the process works at the ports of entry: Any alien who seeks to enter the United States - legally or illegally, and at a port of entry or across the border between the ports - is defined in section 235(a)(1) of the INA as an "Applicant for admission".
CBP officers are not "Arresting" the inadmissible alien applicants they encounter at the ports of entry because they aren't free from restraint either at the ports or during the custody that - under section 235(b)(2)(A) of the INA - should occur thereafter.
What's Biden doing at the ports of entry with the migrants who have made interview appointments under his ludicrous CBP One scheme? I know that he is releasing nearly all of them, but regardless of whether he is releasing them en masse on parole or on their own recognizance, it's not legal.
https://cis.org/Arthur/Whats-Biden-Doing-Migrants-Ports-Entry
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