The recent guidance from ICE regarding post-Credible Fear Interview (CFI) parole has clarified that this guidance is policy and not statutory law, meaning it does not bind Customs and Border Protection (CBP). This distinction is crucial as CBP operates under its own authority as outlined in the Immigration and Nationality Act (INA) § 212(d)(5). The guidance indicates that parole is not automatically granted after a credible fear determination, highlighting the nuanced nature of immigration law.
Key Details:
- ICE’s guidance is classified as policy, not statute.
- CBP retains independent authority under INA § 212(d)(5).
- Parole is not guaranteed following a credible fear interview.
- The language used in the guidance includes terms like ’likely’ and ‘probably,’ reflecting the uncertainty in immigration law.
This clarification impacts individuals navigating the immigration process, as it underscores the complexities involved in obtaining parole after a credible fear determination. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: @8USC12