Biden has some explaining to do.
Sixteen Republican-led states, spearheaded by Texas and America First Legal, are challenging the Biden administration’s new “parole in place” rule that offers deportation protection to illegal immigrants married to U.S. citizens. This rule, unveiled by the Department of Homeland Security (DHS) in June, allows certain illegal immigrant spouses of American citizens to apply for permanent residency without having to leave the country first.
The lawsuit asserts that this policy breaches federal immigration law, which typically requires illegal immigrants to depart the U.S. and re-enter legally before obtaining immigration benefits like permanent residency. The states argue that this expanded use of parole—meant for urgent humanitarian reasons or significant public benefit—misinterprets the law and creates a new pathway to citizenship for over 1.3 million illegal immigrants. According to their complaint, over 200,000 of these immigrants reside in Texas alone.
The rule is intended for noncitizen spouses who have resided in the U.S. for at least a decade as of June and do not pose a national security risk or have a criminal history. Critics argue that this policy disrupts established immigration processes and allows illegal immigrants to bypass legal requirements designed by Congress.
Texas Attorney General Ken Paxton condemned the policy, asserting that it represents an unlawful overreach by the Biden administration. “Under Joe Biden and Kamala Harris, the federal government is undermining our borders and flouting our laws,” Paxton declared. “This new parole policy unilaterally offers citizenship to those who initially broke our laws, exacerbating the illegal immigration crisis and defying constitutional limits.”
The states involved in the lawsuit include Idaho, Texas, Alabama, Arkansas, Florida, Georgia, Kansas, Iowa, Missouri, Louisiana, North Dakota, Ohio, South Dakota, South Carolina, Tennessee, and Wyoming. America First Legal, led by Stephen Miller, decries the rule as “brazenly unlawful” and part of the administration’s broader open-borders agenda.
In response, DHS defended the rule, emphasizing its commitment to keeping American families together and asserting that it aligns with legal authority and American values. The White House accused Republicans of playing politics rather than addressing immigration reform. Spokesperson Angelo Fernández Hernández contended that the lawsuit seeks to force U.S. citizens and their families into continued uncertainty, contrary to the nation’s values.
The controversy over the Biden administration’s parole policies is part of a larger debate over immigration, including recent actions like paroling up to 1,450 individuals daily and allowing an additional 30,000 nationals from Cuba, Haiti, Nicaragua, and Venezuela to enter the U.S. each month. However, the CHNV program was recently suspended due to concerns over fraud.