WASHINGTON — Senate Republicans and Democrats have been inching toward a border deal to restrict the flow of migrants into the U.S., but a major sticking point has emerged. It involves curbing a president’s power to allow people into the U.S. temporarily for emergencies or global unrest. 

What You Need To Know

  • Humanitarian parole is a broad presidential authority that has existed since the 1950s and has allowed foreigners to enter the U.S. for emergencies or unrest

  • As Republicans demand new border restrictions in exchange for aid to Ukraine,  the president’s power to grant humanitarian parole has become a major issue in the negotiations over a border deal

  • Republicans say President Joe Biden has abused the authority, while Democrats argue the power is an important tool and point to how it has enjoyed bipartisan support

Since President Joe Biden took office, he has reportedly allowed more than a million foreigners into the U.S. who are escaping wars, persecution and other hardships. They include Afghans escaping the Taliban, Ukrainians fleeing Russia’s invasion, as well as Cubans, Haitians, Nicaraguans and Venezuelans — all temporarily under a broad presidential authority that has existed since the 1950s. The authority is humanitarian parole.

“In the 1960s, we used parole to accept Cubans fleeing from Castro. In the 1970s, we took in Vietnamese refugees. In the 1980s, we used parole to help Jews fleeing the Soviet Union. Ever since then, it has been a vital tool for presidents to keep diplomacy open in times of humanitarian crises,” said Aaron Reichlin-Melnick, policy director for the American Immigration Council.

“It is a temporary measure, but one that presidents have used  — both Democratic and Republican  —  for generations in crises,” Reichlin-Melnick continued.

Republicans are demanding new restrictions on people crossing the border into the U.S. as a condition for approving badly needed U.S. aid to Ukraine and Israel. Now, the president’s power to grant humanitarian parole has become a major issue in the negotiations over those restrictions.

Texas Republicans and other GOP lawmakers say Biden has abused his parole powers, and they are demanding limits on its use.

“Parole in an immigration context was designed to grant temporary entry to foreign nationals in a rare and dire circumstance, such as someone donating a kidney or being a witness in a trial. It was never meant to be categorical or a large-scale immigration authority. It was meant to be used on a case-by-case basis,” said Sen. John Cornyn, R-Texas.

But Democrats say the authority has long had bipartisan support. Some say that presidents need the authority to respond to emergencies that trigger mass migrations of people. Some Texas Democrats in the House say they are resisting sweeping restrictions to parole powers.

“We stand willing and ready in earnest to work with Republicans on bipartisan solutions. We have proven that time and again, in what we’ve proposed and been willing to negotiate on, but what we will not accept is trading bad immigration policy for funding for two wars, and fundamentally changing the character of the country,” said Rep. Joaquin Castro, D-San Antonio, at a recent press conference.

Efforts to restrict parole are not only happening in Congress. The Republican-led State of Texas sued the Biden administration over its program that allows parole for Cubans, Haitians, Nicaraguans and Venezuelans while also penalizing people from those countries who cross the border unlawfully and do not seek those expanded legal pathways.