FIRST ON FOX:16 Republican-led states are suing the Biden administration to block a controversial parole program that provides protection from deportation to illegal immigrants who are married to U.S. citizens.
The states, led by Texas and America First Legal, are suing over the “parole in place” rule announced in June by the Department of Homeland Security (DHS). The rule allows humanitarian parole and a path to permanent residency for certain illegal immigrant spouses of U.S. citizens without them having to leave the country.
The states argue that the rule violates federal law, which bars illegal immigrants from obtaining immigration benefits, including permanent status, without first leaving the country and being readmitted. They argue that it does so through an unlawful use of parole, which is limited to use on a “case-by-case basis for urgent humanitarian reasons or for a significant public benefit.”
GOP LAWMAKERS WARN BIDEN'S PAROLE PLAN COULD LEAD TO MASSIVE INCREASE IN MARRIAGE FRAUD
“Claiming that it has 'unlimited discretion,' the Keeping Families Together Act… DHS has announced the creation of a program that effectively provides a new pathway to a green card and eventual citizenship; announcing that it would allow more than 1.3 million aliens who are unlawfully present in the United States (more than 200,000 of whom live in Texas) to bypass the processes established by Congress to apply for permanent residency,” the states argue 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 news conference, Monday, July 15, 2024, at the White House in Washington. (AP Agency)
The new process applies to noncitizen spouses who have lived in the U.S. for 10 years as of June and are deemed not to pose a threat to public safety or national security, allowing them to apply for permanent residency. She argued that families are living in fear and “face profound uncertainty about their future” because of the requirement that they leave and have their application processed abroad.
“In addition, individuals must not have a disqualifying criminal record or otherwise constitute a threat to national security or public safety and must otherwise merit a favorable exercise of discretion,” a fact sheet states.
DHS estimates it will affect approximately 500,000 illegal immigrantsThe process would not be eligible for newcomers, as they must be in the United States for more than 10 years before June 2024.
HOUSE MAIN COMMITTEE DEMANDS MAYORKAS TO SUBMIT DOCUMENTS AFTER BIDEN ADMINISTRATION FREEZES MIGRANT FLIGHT PROGRAM
But the coalition of states says it would allow more than 1.3 million illegal immigrants to benefit. They argue it would also violate laws created by Congress that restrict the use of parole to a case-by-case determination.
“Under the Joe Biden and Kamala Harris administration, the federal government is actively working to turn America into a nation without borders and a country without laws. I will not allow this to happen,” Texas Attorney General Ken Paxton said in a statement. “Biden's new parole solution unilaterally grants the opportunity for citizenship to unvetted aliens whose first act on American soil was to break our laws. This violates the Constitution and actively worsens the illegal immigration disaster that is harming Texas and our country, while the Administration denies any responsibility for the border crisis.”
The states included in the lawsuit 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 with former President Trump at his criminal trial in New York on April 30, 2024. (Justin Lane/Reuters)
Stephen Miller, president of America First Legal, called the rule “blatantly illegal.”
“Since our founding more than three years ago, America First Legal has led the fight in the courts against the Biden-Harris open borders agenda. We have filed lawsuits again and again to fight their catastrophic policies. Today, we are proud to represent a coalition of 16 states in filing a lawsuit to block an unconstitutional Biden-Harris amnesty program,” she said. “This executive amnesty grants more than a million illegals legal status, work permits, and a path to voting citizenship. It is blatantly illegal, a deadly accelerant of the ruinous border invasion, and we will use every legal tool to stop it.”
CLICK HERE FOR MORE INFORMATION ON THE BORDER SECURITY CRISIS
The Biden administration’s use of parole has caused controversy among Republicans. The administration is paroling up to 1,450 people a day at ports of entry through the CBP One app and is allowing an additional 30,000 citizens of Cuba, Haiti, Nicaragua and Venezuela to enter the United States each month through a separate program.
CLICK HERE TO GET THE FOX NEWS APP
The CHNV program was halted last month after an internal report uncovered a significant amount of fraud among those applying to be supporters of immigrants entering the U.S.
