Republican-Led States Sue to Block Federal Immigration Program

 

A coalition of sixteen Republican-led states has filed a lawsuit seeking to halt a new federal immigration program that could provide a pathway to citizenship for nearly half a million undocumented migrants married to U.S. citizens. The program, initiated by the Biden administration in June, allows these individuals to apply for “parole in place,” which grants temporary legal status and could eventually lead to a green card and citizenship.

The lawsuit, filed on Friday, argues that the Biden administration bypassed Congress to create this program, which critics claim is motivated by political gain. The states involved, led by Texas Attorney General Ken Paxton, assert that the program constitutes an abuse of executive power and exacerbates illegal immigration issues.

Under the new policy, undocumented spouses of U.S. citizens can apply for parole, which permits them to stay in the U.S. legally while pursuing permanent residency. The program, which began accepting applications this week, requires applicants to have lived in the U.S. for at least ten years, have no disqualifying criminal history, and be married to a U.S. citizen as of June 17.

The lawsuit challenges the Department of Homeland Security (DHS) and its Secretary, Alejandro Mayorkas, claiming that the program’s large-scale implementation is unconstitutional. Critics label the policy as a form of amnesty, arguing it rewards those who have violated immigration laws.

The Department of Homeland Security and the White House have yet to respond to requests for comment on the lawsuit.

FWD.us, a bipartisan organization focused on immigration and criminal justice reform, defended the program, suggesting that the lawsuit is driven by political motives rather than legal concerns. They argue that the program adheres to legal standards and criticize the lawsuit as an effort to separate families and advance anti-immigrant agendas.

To apply for the program, eligible immigrants must pay a $580 fee and provide extensive documentation, including evidence of their long-term residence and a justification for their request for humanitarian parole. Once approved, they have three years to apply for permanent residency.