Biden’s CBP One App
CNN’s Abby Phillip claims that immigrants who entered the U.S. by using President Biden’s CBP One app are in the country under a “legal process.”
IN FACT, these people were legally inadmissible to the U.S., but Biden let them in under the pretext of a federal law that allows for such entries “only on a case-by-case basis for urgent humanitarian reasons or significant public benefit.” “Case-by-case” doesn’t mean admitting inadmissible aliens by the millions, which is what Biden did.
Twenty states filed a lawsuit against Biden’s bulk parole of inadmissible aliens, but the case was dismissed by a federal judge on the basis of standing, a legal doctrine that prohibits lawsuits unless plaintiffs can prove that they suffered a direct personal injury. The litigation continued but wasn’t resolved before Biden left office.
Even if the courts had ultimately sided with Biden on the issue of standing, this wouldn’t make his actions legal. Biden used the same argument when he tried to illegally transfer student loan debts to taxpayers. This was struck down by the Supreme Court in a 6–3 ruling, but the minority of justices sided with Biden’s claim that the plaintiffs didn’t have “standing” to challenge his actions.
Moreover, a 2022 federal appeals court ruling explains that grants of “parole” don’t confer “legal status” and create a “legal fiction” in which the “paroled alien is physically allowed to enter the country,” but the “legal status of the alien is the same as if he or she were still being held at the border waiting for his or her application for admission to be granted or denied.”
