A coalition of sixteen Republican-led states filed a lawsuit on Friday challenging a federal program that could grant nearly half a million immigrants without legal status a path to citizenship. The legal action targets a policy introduced by the Biden administration in June, which allows certain undocumented immigrants married to U.S. citizens to apply for “parole in place,” enabling them to stay in the U.S., apply for a green card, and eventually pursue citizenship.
The states’ lawsuit argues that the Biden administration overstepped its authority by bypassing Congress to create this pathway, accusing the administration of implementing the policy for “blatant political purposes” in an election year where immigration is a hot-button issue. Texas Attorney General Ken Paxton, a key figure in the lawsuit, stated that the plan “violates the Constitution and actively worsens the illegal immigration disaster that is hurting Texas and our country.”
The policy, which opened for applications on Monday, has been met with fierce opposition from Republicans who contend that it offers amnesty to individuals who entered the U.S. illegally, undermining the rule of law. The lawsuit, filed against the Department of Homeland Security (DHS), DHS Secretary Alejandro Mayorkas, and other Biden administration officials, accuses the agency of abusing its power by attempting to parole undocumented spouses “en masse.”
Under the new policy, immigrants who have lived continuously in the U.S. for at least 10 years, have no significant criminal history, and were married to a U.S. citizen by June 17 are eligible to apply for parole. Applicants must pay a $580 fee, provide extensive documentation proving their residency, and explain why they deserve humanitarian parole. If approved, they are granted three years to seek permanent residency and may also receive work authorization during this period.
The Biden administration estimates that approximately 500,000 people could be eligible for the program, along with about 50,000 of their children. Previously, undocumented immigrants married to U.S. citizens faced a complicated and often years-long process to obtain a green card, which could require them to return to their home countries, risking denial of reentry.
The Department of Homeland Security and the White House have not yet responded to requests for comment on the lawsuit.
As immigration continues to be a divisive issue, the legal battle over this policy is likely to intensify as the 2024 presidential election approaches, with Republicans poised to use the lawsuit as a rallying point in their broader critique of the Biden administration’s immigration policies.
Credit: AP
