Appeals Court Reviews DHS ‘Parole+ATD’ Policy Releasing Illegal Immigrants

A district court had halted two Homeland Security policies after they were challenged by Florida.

Immigrants walk towards a U.S. Border Patrol checkpoint after crossing the U.S.-Mexico border on September 28, 2023 in Eagle Pass, Texas. A surge of asylum seeking migrants crossing the U.S. southern border has put pressure on U.S. immigration authorities, reaching record levels in recent weeks. Photo by John Moore/Getty Images

A panel of judges in the U.S. Court of Appeals for the 11th Circuit peppered government attorneys with questions as they debated a Biden administration policy of releasing illegal immigrants after encountering them at the southern border.

The years-long dispute with the state of Florida culminated in a federal judge staying the policy, known as parole + alternatives to detention (Parole+ATD), in 2023. Justice Department (DOJ) attorney Joseph A. Darrow asked the appeals court on Jan. 26 to reverse the district judge’s order on that policy and another similar policy—parole with conditions (PWC) from the Biden administration—each outlined in memos from U.S. Border Patrol (USBP) and other parts of the Homeland Security Department (DHS).