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Vice presidential hopeful J.D. Vance fact-checked the CBS News moderators in Tuesday night’s debate, setting the record straight on the Biden-Harris administration’s practice of unilaterally bestowing temporary legal status on border-crossers entering the United States “at the wave of a Kamala Harris open border wand.”

Moderator Margaret Brennan asked Vance whether he agreed that Congress holds the “purse strings” and would therefore need to support “many of the changes” his running mate, former President Donald Trump, would implement to solve the border crisis.

Vance said that most of the work a Trump-Vance administration would do to solve the border crisis created by the Biden-Harris administration involves “empowering law enforcement to do their job.”

“Most of this is about the president and the vice president empowering our law enforcement to say, ‘if you try to come across the border illegally, you’ve got to stay in Mexico. You’ve got to go back through proper channels,’” Vance said. “Now Gov. Walz brought up the community of Springfield. … In Springfield, Ohio, and in communities all across this country, you’ve got schools that are overwhelmed. You’ve got hospitals that are overwhelmed. You’ve got housing that is totally unaffordable because we brought in millions of illegal immigrants to compete with Americans for scarce homes.”

Walz contended, in part, that “blaming migrants for everything” wasn’t a solution.

After Walz concluded his answer, Brennan said: “Just to clarify for our viewers, Springfield, Ohio does have a large number of Haitian migrants who have legal status, Temporary Protected Status.”

“Well, Margaret –” Vance began.

“Thank you, Senator, we have so much to get to,” Brennan said, attempting to shut Vance down while co-moderator Norah O’Donnell insisted they move onto the economy.

“Margaret, I think it’s important … the rules were that you guys weren’t gonna fact-check and since you’re fact-checking me I think it’s important to say what’s actually going on,” Vance insisted.

“So there’s an application called the CBP One app where you can go on as an illegal migrant, apply for asylum or apply for parole, and be granted legal status at the wave of a Kamala Harris open border wand,” Vance explained. “That is not a person coming in, applying for a green card, and waiting for 10 years.”

“That is the facilitation of illegal immigration by our own leadership,” Vance said as Brennan repeatedly tried to speak over him.

“Thank you, Senator, for describing the legal process,” Brennan interjected.

“Kamala Harris opened up that pathway,” Vance continued before Walz claimed “those laws have been on the books” for decades.

The Biden-Harris administration rolled out a program using the CBP One app to “allow asylum seekers a legal pathway to entry into America,” according to the New York Post. When Vance tried to point that out, CBS News muted the microphones.

Approximately 1.3 million migrants have “come into the country” through these programs that “were created unilaterally, without Congressional approval or input,” the Post reports.

Springfield says on its city website that “Haitian immigrants are here legally, under the Immigration Parole Program. Once here, immigrants are then eligible to apply for Temporary Protected Status.”

Simon Hankinson, senior research fellow in the Border Security and Immigration Center at The Heritage Foundation, explained to The Daily Signal that a majority of Haitian migrants are in the country after being granted Temporary Protected Status, “which the president can assign to nationals of designated countries for (supposedly) temporary periods if wars, natural disasters, or other one-off events render their country incapable for a time of reabsorbing them.”

Hankinson explained to The Daily Signal that “Temporary Protected Status is just … when the federal government simply pauses enforcement of immigration law — i.e. deportation — for certain nationalities.”

Such designation, according to Hankinson, “confers no permanent legal status” and applies to people who “by definition, have not been legally admitted.”

Hankinson also explained some of the Haitian migrants may have been “paroled in via the Biden administration’s highly disputed, and arguably unconstitutional, [parole for Cubans, Haitians, Nicaraguans, and Venezuelans] or CBP One programs.”


Brianna Lyman is an elections correspondent at The Federalist. Brianna graduated from Fordham University with a degree in International Political Economy. Her work has been featured on Newsmax, Fox News, Fox Business and RealClearPolitics. Follow Brianna on X: @briannalyman2