First appearance on FOXSixteen Republican-led states are suing the Biden administration to block a controversial parole program that would protect illegal immigrants who marry U.S. citizens from deportation.
Texas and other states, led by America First Legal, are suing over a “parole in place” rule announced by the Department of Homeland Security (DHS) in June that would allow certain illegal immigrant spouses of U.S. citizens a path to humanitarian parole and permanent residency without having to leave the country.
The states argue that the rule violates federal law, which bars illegal immigrants from obtaining immigration benefits, including permanent residence, unless they leave the country and reenter. The states argue that the rule does so through the unlawful use of parole, which can only be used “on a case-by-case basis for urgent humanitarian reasons or significant public interest.”
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“Claiming ‘carte blanche’ to implement family reunification…the Department of Homeland Security announced the creation of a program that effectively provides a new path to green cards and ultimately citizenship, allowing more than 1.3 million foreign nationals present in the United States illegally, including more than 200,000 in Texas, to circumvent the congressionally established green card application process,” the states argued in the filing obtained by Fox News Digital.
A reporter raises his hand to ask a question to Homeland Security Secretary Alejandro Mayorkas during a press conference at the White House in Washington, DC, Monday, July 15, 2024. (Associated Press)
The new process applies to foreign spouses who have been living in the United States for 10 years as of June and who are deemed not to pose a threat to public safety or national security, allowing them to apply for green cards. The group argued that the requirement to leave the country and apply abroad has left families living in fear and “facing deep uncertainty about their future.”
“Furthermore, applicants must have no disqualifying criminal history, pose no threat to national security or public safety, and merit the exercise of discretion,” the fact sheet states.
DHS estimates that about 500,000 people are affected. Illegal immigrationThe process does not apply to new entrants, who must have been in the U.S. for at least 10 years by June 2024.
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But a coalition of states argues the measure would benefit more than 1.3 million undocumented immigrants and violates federal laws that limit parole to individual decisions.
“Under Joe Biden and Kamala Harris, the federal government is actively working to turn America into a country without borders and without laws. I will not allow this,” Texas Attorney General Ken Paxton said in a statement. “Biden’s new parole bypass unilaterally gives an unvetted path to citizenship to foreigners who first break our laws in the United States. This violates the Constitution and exacerbates the scourge of illegal immigration plaguing Texas and the United States while the Administration denies responsibility for the border crisis.”
The states covered by the lawsuits are Texas, Idaho, Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Wyoming.
Texas Attorney General Ken Paxton arrives at the criminal trial of former President Donald Trump in New York on April 30, 2024. (Justin Lane/Reuters)
Stephen Miller, president of America First Legal, called the rule “totally unlawful.”
“Since our founding more than three years ago, America First Legal has led the legal fight against Biden and Harris’ open border policies. We have filed lawsuits multiple times to fight their destructive policies. Today, we are proud to file lawsuits on behalf of a coalition of 16 states to block the unconstitutional Biden-Harris Amnesty Program,” he said. “This executive amnesty would give more than one million illegal immigrants a path to citizenship with legal status, work authorization, and voting rights. This is blatantly illegal and a deadly catalyst for devastating border invasions. We will use every legal tool to stop this.”
For more coverage on the border security crisis, click here
The Biden administration’s use of the parole system has been controversial among Republicans: The administration has been paroling up to 1,450 people a day at ports of entry through the CBP One app, and is allowing 30,000 nationals of Cuba, Haiti, Nicaragua and Venezuela to enter the U.S. once a month through a separate program.
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The CHNV program was halted last month after an internal report found significant fraud among people who applied to sponsor immigrants entering the United States.
DHS did not immediately respond to Fox News Digital’s request for comment.
