Sixteen Republican-led states are suing to end a federal program that could potentially grant citizenship to nearly half a million undocumented immigrants married to U.S. citizens.
The coalition filed a lawsuit Friday to stop the program, which President Joe Biden launched in June, saying in court that the administration bypassed Congress to create a path to citizenship for “blatant political purposes.”
“This action encourages illegal immigration and irreparably harms the plaintiff states,” says the federal court filing in Tyler, Texas.
Under the policy, which began accepting applications Monday, many spouses without legal status can apply for something called “parole in situ,” which offers permission to stay in the U.S., apply for a green card and eventually become a citizen.
The program has been particularly controversial in an election year when immigration is one of the biggest issues, with many Republicans attacking the policy, arguing that it is essentially a form of amnesty for people who broke the law.
Texas Attorney General Ken Paxton said in a statement Friday that the plan “violates the Constitution and actively exacerbates the illegal immigration disaster that is harming Texas and our country.”
The lawsuit against the Department of Homeland Security, DHS Secretary Alejandro Mayorkas and other Biden administration officials accuses the agency of attempting to grant spousal parole “en masse,” which states say is an abuse of power. The states also filed a motion asking for the program to be suspended pending litigation.
Florida Attorney General Ashley Moody said in a message to X that her state is challenging the parole policy because she believes the Biden administration is “systematically using “parole” illegally to advance the open borders agenda.”
America First Legal, a conservative nonprofit led by Stephen Miller, a former adviser to President Donald Trump, is assisting in the lawsuit.
Department of Homeland Security spokeswoman Mayra Alejandra said the agency will defend the Keeping Families Together program in court and will continue to process applications already filed and accept new applications.
“Keeping Families Together is based on established legal authority, and its purpose — to enable families of American citizens to live without fear of separation — is consistent with fundamental American values,” Alejandra said.
White House spokesman Angelo Fernández Hernández railed against Republicans “playing politics” and described the lawsuit as a form of family separation.
“This lawsuit seeks to force American citizens and their families, people who have lived in the United States for more than a decade, to continue living in the shadows,” Fernandez said in a statement.
FWD.us, a bipartisan immigration and criminal justice organization, said the program complies with the law and noted the timing of the lawsuit — when Vice President Kamala Harris accepted the Democratic nomination for president.
“The sole motive behind this trial is the cruelty of breaking up families and the egregious politics of hoping that a judge would act on behalf of the anti-immigration movement,” the organization said in a statement.
Karen Tumlin, founder and director of the Justice Action Center, called the legal challenge “unsurprising but extremely disappointing and cruel.”
“However, it is important to stress that nothing will change for the time being and the process is still open and applications are being accepted,” he said.
To be eligible for the program, immigrants must have lived continuously in the United States for at least 10 years, not pose a security threat or have an expungible criminal history, and must have been married to a citizen by June 17, the day before the program began. announced.
They must pay a $580 fee to apply and fill out a lengthy application that includes an explanation of why they deserve humanitarian parole and a long list of evidence showing how long they have been in the country.
If approved, the applicant has three years to apply for a permanent residence permit. During this time, they can get a work permit. The administration estimates about 500,000 people and about 50,000 of their children.
Before this program, it was difficult for people in the US illegally to get a green card after marrying a US citizen. They may be required to return to their home country – often for years – and always face the risk that they may not be allowed back.
The lawsuit claims states will have to shoulder the burden of additional immigrants staying in the country.
Texas spends tens of millions of dollars annually on a program that provides health insurance to children, including those in the country illegally, according to the suit. It says the state also spends millions each year to “increase law enforcement as its citizens suffer rising crime, unemployment, environmental harm and social disruption due to illegal immigration.”
Because the program’s beneficiaries are eligible for work authorization, these additional workers “depress the wages of Texas residents, directly harming the state and its citizens,” the suit says.
Evelyn Wiese, an immigration attorney with American Immigrant Justice, described the lawsuit as an “attack” on blended families who have spent years contributing to their communities in the United States.
“Trying to tear these families apart and deny them legal status in the United States is cruel and reflects immigrant extremism,” he said.
