The Biden-Harris Administration’s Department of Homeland Security recently said,Protecting families togetherThe “program” is a massive amnesty process for at least 550,000 illegal immigrants already residing in the United States.
The federal government argues the new procedures demonstrate the Biden-Harris administration’s “commitment to promoting family unity in the immigration system.”
“In effect, it unlawfully creates a program that provides a new path to citizenship.”
The program would allow some illegal immigrants, including spouses and stepchildren of U.S. citizens, to “apply for parole pursuant to existing statutory authorities.”
If granted parole, eligible illegal immigrants would be allowed to remain in the U.S. while they apply for adjustment of status.
According to a press release from U.S. Customs and Immigration Services, the administration estimates that 500,000 spouses of illegal immigrants who are U.S. citizens and 50,000 stepchildren of illegal immigrants will be subject to this process.
Of the roughly 500,000 spouses of U.S. citizens, the majority have, on average, been living in the U.S. illegally for 23 years, the department reported. To be eligible for the program, spouses must have lived in the U.S. illegally since June 2014 and been married to a U.S. citizen since June 2024.
Eligible stepchildren of U.S. citizens must be under 21 years old and unmarried. They must have an illegal immigrant parent who has been residing in the U.S. illegally since June 2024 and is married to a U.S. citizen.
Applicants cannot have a “disqualifying criminal history.” This includes crimes such as murder, rape, crimes involving firearms or controlled substances, aggravated assault, child pornography or abuse, and domestic violence. Those convicted of other crimes can “overturn the presumption of ineligibility” by “showing positive factors that can be taken into account to overcome this presumption and that justify the exercise of discretion.”
Even illegal immigrants currently undergoing deportation proceedings may be eligible for the Biden-Harris administration’s program.
“If a final removal order has not been executed in your case, you have a non-disqualifying criminal history, or there is other adverse information, you may submit additional documentation that you believe warrants parole based on significant public interest or urgent humanitarian reasons and merits the exercise of favorable discretion,” USCIS said.
Critics have called the administration’s executive order a mass amnesty program.
On Friday, a Republican-led group of 16 states Litigation States that have partnered with America First Legal to call on the federal government to stop the program are among those trying to block the effort: Texas, Idaho, Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Wyoming.
The lawsuit argues that the administration’s assertion that the process would affect about 550,000 undocumented immigrants “probably significantly underestimates” the number, saying it could be around 1.3 million.
The states argue the plan circumvents Congress and would cause “irreparable harm” to communities.
According to the AFL, the indictment accuses the administration of “illegally creating a program that effectively offered a new path to citizenship for more than one million illegal immigrants.”
“The coalition also seeks a temporary restraining order and preliminary injunction to block the Biden-Harris Administration from moving forward with its plan to grant immediate amnesty,” it added.
Texas Attorney General Ken Paxton said, “Biden’s new parole avoidance measure unilaterally gives unvetted aliens who break our laws a chance at citizenship for the first time in our country. It violates the Constitution and exacerbates the illegal immigration problem plaguing Texas and the United States.”
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