A federal judge in Texas has rejected the Biden administration's attempt to legalize hundreds of thousands of illegal immigrants who married Americans through a “parole” program.
The program, called “Keeping Families Together,” was introduced by the Biden administration in the summer and would give protection from deportation to undocumented immigrants who are married to Americans..
Federal District Judge J. Campbell Barker, appointed by President-elect Donald Trump, ruled Thursday that the program is illegal and outside Biden's executive authority.
“We just won a lawsuit with Ken Paxton, Raul Labrador, and a coalition of 14 states. “We have officially thwarted the illegal attempt,” America First Legal wrote. Once decided, I will post it to X.
Biden administration sued by 16 states for promoting parole for illegal immigrants with spouses
This division marks the border with President Biden, Vice President Harris, and Homeland Security Secretary Alejandro Mayorkas. (Qian Weizhong/VCG via Getty Images, Andrew Harnik/Getty Images, Alex Wong/Getty Images, Kevin Dietsch/Getty Images)
The program was launched in August, but was blocked by Barker days later. I left it frozen Meanwhile, he was considering a legal challenge by the state of Texas and a coalition of Republican attorneys general.
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“From the beginning, the Biden-Harris administration has been committed to destroying our immigration system and dismantling our borders. Time and time again, our state has stood up. And today, the great state of Texas and our courageous Ken Paxton are standing up for the rest of us. Together with a coalition of courageous attorneys general, we successfully stopped an illegal program that would have granted amnesty to hundreds of thousands of illegal aliens, paving the way for the largest executive pardon in U.S. history. We are proud to stand alongside these patriots in defense of our great nation,” said Gene Hamilton, United States First Attorney.
The administration estimated that about 500,000 immigrants and 50,000 children would be affected.
However, the coalition claims this will benefit more than 1.3 million illegal immigrants.
The states argued that the rule violated federal law that prohibits illegal immigrants from leaving the country and obtaining immigration benefits, including permanent residency, without re-entering the country. They argue that it is being done through the unlawful use of parole, which is limited to being used “on a case-by-case basis for urgent humanitarian reasons or in the vital public interest.”
“Joe Biden and Kamala Harris created a crisis at the southern border, and the American people will have to pay the consequences. With the federal government refusing to act, states like Missouri have stepped in and stepped in. We had no choice but to take action to keep our nation safe at our southern border,” said Missouri Attorney General Andrew Bailey. “We filed this lawsuit to prevent millions of unvetted individuals from invading our communities.”
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Secretary of Homeland Security Alejandro Mayorkas speaks during a briefing at the White House on Tuesday, October 1, 2024, in Washington. (AP Photo/Mark Schiefelbein)
Fox News Digital reached out to the Department of Homeland Security (DHS) and the White House about the new ruling, but did not immediately receive a response.
In a previous statement to Fox News Digital, DHS promised to defend the policy in court.
“The Department of Homeland Security is committed to keeping families together. Keeping families together is based on established legal authority and its purpose: to protect families of U.S. citizens who fear separation. “DHS will continue to process applications already submitted and accept and process new applications.” said.
The White House has previously defended the policy, accusing Republican officials of being “more focused on playing politics than on helping American families and fixing our broken immigration system.”
“This lawsuit seeks to force Americans and their families, those who have lived in the United States for more than a decade, to continue living in the shadows. “The aim is to separate them from their families. They are eligible for legal permanent residence and can remain together through this process,” said spokesman Angelo Fernández Hernández. “This lawsuit is antithetical to our nation's values, and we will vigorously defend our ability to keep families together and make our immigration system fairer and more just. We will also continue to secure our borders and enforce the laws that Republicans refuse to do,” over and over again. ”
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“Encounters between ports of entry have decreased significantly since President Biden announced new, decisive executive actions to secure the border. Encounters in July 2024 were the lowest since September 2020 and the lowest in 2019. It was lower than it is now,” he added.
The states targeted in the lawsuit are Texas, Idaho, Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming.
Reuters contributed to this report.
