The distinction between “lawful status” and “lawful presence” in U.S. immigration law is critical for understanding the implications of parole and asylum applications. Parole, as defined under INA §212(d)(5), allows individuals to be physically present in the U.S. with government permission, making them “lawfully present” even without formal visa status.
Key Details:
- Parole grants “lawful presence” but not “lawful status.”
- Individuals on parole who file a timely asylum application remain lawfully present during the parole period.
- DHS cannot retroactively declare parole invalid or treat time on parole as unlawful presence.
- If parole is terminated, the asylum application process continues to authorize the individual’s stay.
This understanding is crucial as it highlights the complexities of U.S. immigration policy, particularly how the Department of Homeland Security (DHS) can circumvent the asylum process through deportation. This approach has raised concerns about the effectiveness of current immigration strategies.
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Source: @RealPatSpurlock