November 3, 2023

Young, GOP Colleagues Introduce Bill Forcing Biden Admin to Make Catch-and-Release Data Public

WASHINGTON U.S. Senators Todd Young (R-Ind), John Cornyn (R-Texas), Thom Tillis (R-N.C.), Tom Cotton (R-Ark.), Tommy Tuberville (R-Ala.), and Susan Collins (R-Maine), along with a group of their Senate Republican colleagues, introduced the Southern Border Transparency Act, which would require the U.S. Department of Homeland Security (DHS) to accurately report how it is handling migrants encountered at the border and ensure the American people have a full accounting of the number of migrants being released into the United States by the Biden administration along with information detailing where they are coming from.

“Our bill would bring much-needed transparency to the American people about the true nature of the crisis at our southern border,” said Senator Young.

This legislation is also cosponsored by Senators Lindsay Graham (R-S.C.), Bill Hagerty (R-Tenn.), J.D. Vance (R-Ohio), Cynthia Lummis (R-Wyo.), James Lankford (R-Okla.), Pete Ricketts (R-Neb.), Ted Budd (R-N.C.), Steve Daines (R-Mont.), Mike Lee (R-Utah), Chuck Grassley (R-Iowa), Kevin Cramer (R-N.D.), Cindy Hyde-Smith (R-Miss/), Roger Marshall (R-Kan.), John Hoeven (R-N.D.), John Kennedy (R-La.), Ted Cruz (R-Texas), Josh Hawley (R-Mo.), Katie Britt (R-Ala.), Marsha Blackburn (R-Tenn.), and Bill Cassidy (R-La.).

Full legislative text can be found here.


The Biden Administration’s strategy for handling the influx of migrants at the border has been to funnel them into so-called “parole” or unlawful release programs, including the Cuban, Haitian, Nicaraguan, and Venezuelan parole program, an expanded Central American Minors program that now includes adults, and the likely widespread use of parole at Ports of Entry (POEs). These migrants are eligible for work authorization, and there is limited visibility into whether they ultimately depart the United States.

Right now, there is currently only limited public data available on the total number of people who have been released into the U.S. under these programs, whether they are even making asylum claims before they are released, what screenings are taking place, or whether these migrants ever depart the United States. The Southern Border Transparency Act would require DHS to fully report on how it is handling migrants encountered at the border, including:

  • The number of migrants paroled at each POE and in each Border Patrol sector;
  • The number of migrants apprehended at each POE and in each Border Patrol sector and how many were granted voluntary departure, placed into expedited removal, or simply released into the interior;
  • The number of petitions for parole received and granted by U.S. Citizenship and Immigration Services (USCIS); and
  • The total number of migrants paroled into the United States each fiscal year, whether they are granted work authorization, and whether they ultimately depart the United States when their parole expires. 

Earlier this year, the Biden Administration acted without Congress’ consent to create programs that allow for hundreds of thousands of migrants to be paroled and released into the United States annually. One allows migrants from Cuba, Haiti, Nicaragua, and Venezuela to legally remain in the U.S. for two years and offers work authorizations to up to 360,000 people a year. The administration has also released more than 266,000 migrants who scheduled immigration appointments with U.S. Customs and Border Protection (CBP) through the CBP One app, including individuals from Iran, China, and Russia. These practices result in decreased apprehensions, but do not decrease the number of migrants with unrealistic asylum claims who are entering and remaining in the United States. Separately, the administration is releasing an unknown number of individuals under the label of “humanitarian release,” although it is unclear who qualifies. Although some migrants are placed into expedited removal proceedings, most are released into the interior of the U.S. before DHS even determines whether they will make asylum claims, let alone whether those claims are even credible on their face.