Quick Hit:

Sixteen Republican-led states, spearheaded by Texas, have filed a lawsuit against the Biden administration's new "parole in place" rule, which allows illegal immigrants married to U.S. citizens to apply for permanent residency without leaving the country.

Key Details:

• The lawsuit challenges the Department of Homeland Security's (DHS) rule, claiming it unlawfully grants a path to permanent residency for over 1.3 million illegal immigrants.
• The rule, announced in June, applies to noncitizen spouses who have lived in the U.S. for over 10 years and meet certain safety and security criteria.
• Texas Attorney General Ken Paxton and America First Legal argue that the rule violates federal law and is part of an "open borders agenda."

Diving Deeper:

Sixteen Republican-led states have initiated legal action against the Biden administration over a controversial parole program aimed at providing a pathway to permanent residency for illegal immigrants who are married to U.S. citizens. The coalition, led by Texas and America First Legal, argues that the "parole in place" rule, introduced by the Department of Homeland Security (DHS) in June, unlawfully circumvents established immigration laws.

The rule allows certain noncitizen spouses who have resided in the United States for over ten years to apply for permanent residency without leaving the country. It applies only to those who are deemed not to pose a threat to public safety or national security and who have no disqualifying criminal history. DHS estimates that approximately 500,000 illegal immigrants could benefit from this process.

However, the lawsuit contends that the rule exceeds DHS’s legal authority by effectively creating a new pathway to a green card and eventual citizenship for over 1.3 million illegal immigrants, including more than 200,000 in Texas alone. The states argue that this violates federal law, which requires illegal immigrants to leave the country and be readmitted before obtaining immigration benefits.

Texas Attorney General Ken Paxton, a vocal critic of the Biden administration’s immigration policies, stated, "Under Joe Biden and Kamala Harris, the federal government is actively working to turn the United States into a nation without borders and a country without laws. I will not let this happen." Paxton and the other states involved in the lawsuit claim that the rule undermines congressional intent and exacerbates the ongoing border crisis.

America First Legal President Stephen Miller, who is also involved in the lawsuit, called the rule "brazenly unlawful" and a "deadly accelerant to the ruinous border invasion." Miller emphasized the organization’s commitment to using all legal means to halt what he describes as an unconstitutional amnesty program.

In response, DHS issued a statement defending the rule, asserting that it is "grounded in well-established legal authority" and aligns with American values by helping families avoid separation. The White House also criticized the lawsuit, accusing Republican officials of prioritizing politics over the well-being of American families and undermining efforts to make the immigration system more fair and just.

The Biden administration’s broader use of parole has been a point of contention with Republicans, who argue that it represents a de facto amnesty program. The administration has also been criticized for paroling large numbers of migrants through other programs, including one that allows nationals from Cuba, Haiti, Nicaragua, and Venezuela to enter the U.S. monthly.