After a record-breaking year of illegal alien encounters, the Center for Immigration Studies is explaining how the Biden administration is using four pathways for illegal aliens to enter the United States. 

In a new podcast released by the Center for Immigration Studies (CIS), Andrew Arthur, the Center’s resident fellow in law and policy, explains how the administration allowed 140 percent more illegal aliens than legal immigrants to enter the country in Fiscal Year 2023. 

2023 has been a record-breaking year for illegal alien encounters.

The first program Arthur covers is the CHNV Parole Program. After Title 42 expired, the Biden administration attempted to curb illegal alien entries at the southwest border through this new scheme. The program allowed 30,000 nationals per month from Cuba, Haiti, Nicaragua, and Venezuela to fly to the U.S. In total, nearly 250,000 foreign nationals have been paroled into the U.S. under the program. 

Arthur says that the Biden administration won’t release information regarding which airports the aliens are flying into because they don’t want state or local public servants to know tens of thousands of new aliens are flying into their states. However, under the parole program, each one of the aliens is removable at any time, and “parole is a very limited authority.” 

Another scheme the administration is using is the CBP One App. The app allows illegal aliens from all over the world–including countries with terrorism concerns—to set up an appointment for their illegal entry. According to CIS, the administration paroles up to 1,450 inadmissible aliens daily, with 235,172 paroled in FY 2023. 

Texas Scorecard reported on the app earlier this year when Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration over the app. Paxton argued that the federal government is attempting to circumvent the law to more easily process illegal aliens. Additionally, he argues that the app cannot verify that an illegal alien would qualify for exceptions, which would prevent them from being deported and allow them to be released into the country. 

Ports of entry are the third way the administration has allowed illegal aliens to be released into the country on parole. Illegal aliens are allowed to present themselves to U.S. Customs and Border Patrol officers at ports of entry and will be released on parole shortly after. Arthur says the Biden administration is “creating a separate immigration system to the United States, over and above what Congress has set.” 

Under the constitution, Congress is the designated authority for deciding which aliens are allowed into the U.S., who needs to be kept out, and who need to be removed. The U.S. Supreme Court also upheld this in the 1976 Mathews v. Diaz case, where the court observed that “in the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens.” Based on that power, Congress can decide which classes of aliens would be entitled to the benefits available to U.S. citizens. 

The last way the Biden administration has provided for illegal aliens to gain access into the country is through evading border patrol agents. As border patrol agents are overwhelmed at the border, processing more than 5,600 illegal aliens a day, it has been revealed that there were 600,000 known “gotaways” in FY 2023. However, it is assumed the number including unknowns might be higher. 

“More than two million inadmissible aliens have been allowed entry into the country in just one year—a population that would qualify as the 37th largest state in the country,” said Arthur. “This undermines the rule of law and puts tremendous pressure on local and state governments to provide housing, food, education, and medical care to those joining their communities.”

Texas Scorecard reported that FY 23 saw 2,475,669 illegal alien encounters along the southwest border. Combined with the number of known “gotaways,” this brings the number of known illegals attempting to cross into the United States or successfully crossing to more than three million.

Additionally, the total number of FBI terror watchlist suspects arrested along the southwest border in FY 23 came out to 169—more than the previous six years combined. The number does not include any potential suspects that might have evaded border patrol officers.

Currently, in the fourth special session in the Texas legislature, a compromise was agreed upon by the House and Senate after border security legislation in the third special session stalled. The compromise measure would create a criminal penalty for illegal entry or illegal presence in the state and authorize the removal of illegal aliens. 

The fourth special session expires on December 6. 

Emily Medeiros

Emily graduated from the University of Oklahoma majoring in Journalism. She is excited to use her research and writing skills to report on important issues around Texas.