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IMMIGRATION MARCH 03, 2023 | The Indian Eye 39

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basis” requirement, there is clearly utilize the CBP One app to schedule government to exercise discretion in transformation of immigration en-
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an urgent humanitarian reason for an appointment to make a claim for paroling one person into the U.S. or forcement in the U.S. interior, use
this program given the large number asylum at the border in an orderly deferring the removal of that person, of parole and other mechanisms to
of people from these countries who manner. then it seems illogical to deny the ad- grant humanitarian protection, and
have been coming to the U.S. to seek Texas has been serially challeng- ministration the ability to exercising restoration of legal immigration to
asylum. The humanitarian parole ing Biden’s executive actions that its discretion in relation to a large pre-pandemic levels will have a last-
program provides an orderly path for have been designed to provide relief group. How big should the size of the ing legacy.” It is hoped that at some
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people from these countries to come to hundreds of thousands of people. group be before the government’s point five justices in the Supreme
to the U.S. legally without being aid- These lawsuits are designed to hurt valid exercise of discretion is no lon- Court will see through the absurdities
ed by smugglers and without needing human beings from DACA recipi- ger deemed valid? Is the Uniting for of these lawsuits and preclude states
to take perilous paths to the U.S. ents to those fleeing persecution un- Ukraine program that has remained like Texas from running and ruining
that can result in death. Though not der the new humanitarian program. unscathed thus far too big or the right federal immigration policy!
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without flaws, namely the fact that it While plaintiffs claim that the admin- size?
stands to be implemented alongside istration has no authority to imple- According to a Migration Pol- (This blog is for informational purposes
the draconian Title 42 policy, the ment these programs on a mass scale, icy Report, “[m]idway through its and should not be viewed as a substi-
program provides a model for parol- they have never claimed that exercis- term, the Biden administration, mid- tute for legal advice).
ing large groups of noncitizens into ing discretion on an individualized way through its term, has notched *Kaitlyn Box is a Senior Associate at
the U.S. in an organized manner and basis is unlawful. If it is lawful for the some significant advances. The quiet Cyrus D. Mehta & Partners PLLC.
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providing them with work authoriza-
tion. Even if the Biden administra- _________________________________________________________________________________________________________
tion’s humanitarian parole program Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
is ultimately struck down, the Biden Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
administration has the authority to mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
continue to grant the benefit to indi- Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
viduals pursuant to INA § 212(d)(5). of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
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It is hoped that the Supreme Court Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
will ultimately uphold the federal Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
district court’s lifting of Title 42 re- on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
strictions in this scenario, and allow Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
noncitizens to apply for asylum under and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
Title 8, pursuant to the Immigration the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
and Nationality Act, and be able to on your browser and watch IndiaLife TV 24 Hours
in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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