Sixteen states are suing the Biden administration over its new program that shields hundreds of thousands of illegal immigrants from deportation.
The Immigration and Nationality Act gives federal officials the ability to grant parole to illegal immigrants if officials find “urgent humanitarian reasons or significant public benefit.”
But the law says that the immigrants are granted parole “into the United States,” which, according to the states, means they cannot already be in the country.
The states also noted that the law allows for granting parole temporarily, but the new program is aimed at enabling illegal immigrants to remain permanently in the country.
“Biden’s new parole workaround unilaterally grants the opportunity for citizenship to unvetted aliens whose first act on American soil was to break our laws,“ Texas Attorney General Ken Paxton said in a statement. ”This violates the Constitution and actively worsens the illegal immigration disaster that is hurting Texas and our country.”
America First Legal is co-counsel in the case.
“Today, we are proud to represent a coalition of sixteen states in filing a lawsuit to block an unconstitutional Biden–Harris amnesty program,” Stephen Miller, president of the group, said in a statement. “This executive amnesty gives over one million illegals legal status, work permits, and a path to voting citizenship. It is brazenly unlawful, a deadly accelerant to the ruinous border invasion, and we will use every lawful tool to stop it.”
Texas was joined by Alabama, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming.
The suit was filed in federal court in Tyler. It asks the court to temporarily prevent the government from implementing the new program while a trial is held and ultimately decree that the program violates federal law and permanently block it.
“The Department of Homeland Security is committed to Keeping Families Together,“ a DHS spokesperson told The Epoch Times in an email. ”Keeping Families Together is grounded in well-established legal authority, and its purpose—enabling the families of U.S. Citizens to live without fear of separation—is consistent with fundamental American values. We will defend it in court. DHS is continuing to process already filed applications, and to accept and process new applications.”
DHS has said it has the ability to grant parole to immigrants already in the United States, citing DHS legal opinions interpreting the Immigration and Nationality Act.
The program is open to illegal immigrants who are married to U.S. citizens and have been living in the United States for at least 10 years. Children of illegal immigrants can also apply to be accepted into the program.
The government estimates that about 500,000 spouses and 50,000 children are eligible for relief. The states estimate it could protect more than 1.3 million illegal immigrants from deportation.
The program drew criticism from some lawmakers and groups, including the Center for Immigration Studies. Others, though, have praised it.
“Families should not be forced apart for years due to a broken immigration system,” Sen. Alex Padilla (D-Calif.) said in a statement after the program opened. “Thanks to the Biden–Harris Administration’s actions, thousands of mixed-status American families can stay and plan for a future together.”
