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IMMIGRATION SEPTEMBER 06, 2024 | The Indian Eye 43

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are otherwise eligible for adjustment requestor unless DHS determines, mation-sharing policies. and the Take Care Clause of the US
of status, and thus determined that in its discretion, the requestor poses Requestors need to decide on a Constitution. Although in the opinion
categorical ineligibility for this parole a threat to national security, public case by case basis whether it is worth of the authors the lawsuit is not meri-
process would be inappropriate. As a safety, or border security.[162] This obtaining PIP and work authoriza- torious as parole is clearly authorized
result, DHS will evaluate, in the exer- process does not preclude DHS from, tion for at least a 3 year period even under INA 212(d)(5), it is likely that
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cise of its discretion on a case-by-case in its discretionary authority, tak- if they do not ultimately get perma- a judge may preliminarily enjoin the
basis, the facts and circumstances un- ing enforcement actions as deemed nent residence through adjustment of program and a higher court may find
derlying the unexecuted final removal appropriate, in accordance with the status, and instead get removed from it unlawful. Under this circumstance,
order and all other mitigating factors INA and consistent with governing the US. Indeed, there are other risks information provided in the PIP
presented in determining whether the policies and practices, against nonciti- that could expose the requestor to could potentially be used against the
noncitizen may overcome the rebut- zens who may be eligible or who have enforcement action independent of noncitizen in an enforcement action
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table presumption of ineligibility and pending applications for parole under whether the I-485 may be filed and regardless of whether the I-485 appli-
be granted parole in place. this process. Information provided approved. On August 23, 2024, Texas cation may get granted or not.
Of course, each noncitizen con- under this process may be otherwise and 15 other Republican states filed a
sidering requesting PIP must make disclosed consistent with statutory au- lawsuit in federal court on the ground *Kaitlyn Box is a Senior Associate at
these assessments themselves. Even if thorities, obligations, and restrictions, that the PIP has violated the INA, Cyrus D. Mehta & Partners PLLC.
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there is no chance that the I-485 will as well as governing privacy and infor- the Administrative Procedure Act
ever get approved, it may be benefi- ___________________________________________________________________________________________________________________________________
cial to request PIP for a 3 year peri- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
od along with a grant of employment Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee;
authorization. On the other hand, the former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
Federal Register notice clearly states Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of Volunteers
that there is no assurance that the in- for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees
formation provided by the noncitizen of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York
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in the PIP request will not be used City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an
against them: adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received
DHS generally will not use in- the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael
formation contained in a request for Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has also
parole in place under this process for received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers
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the purpose of initiating immigra- in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and Chambers
tion enforcement action against the Global 2019 in immigration law, among other rankings.

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