Based on the recent use of 212(d)(5) to parole into the United States Haitians and others without case by case review (under the presumed authority that the decision to grant parole was the "case", not the individual parolees), what is keeping Holder from granting indefinite 212(d)(5) paroles to all undocumented aliens currently in, or with a desire to come to, the United States?
It seems he could irrevocably make the presence of illegals suddenly, and without oversight, legal. It doesn't grant a path to citizenship, but people in this status have a lot of privileges at both the state and federal level
(and they can buy, sell, and possess guns).
212(d)(5) (also known as 8 U.S.C. § 1182(D)(5))
(5)
(A) The Attorney General may, except as provided in subparagraph (B) or in section 1184 (f) of this title, in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.
(B) The Attorney General may not parole into the United States an alien who is a refugee unless the Attorney General determines that compelling reasons in the public interest with respect to that particular alien require that the alien be paroled into the United States rather than be admitted as a refugee under section 1157 of this title.
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