Twenty states sue Biden administration over migrant parole program

AP Photo/Christian Chavez

Twenty Republican-led states sued the Biden administration over its expanded humanitarian parole program for migrants coming from four specific countries. A top conservative legal group joined with the states in the lawsuit.

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The lawsuit was filed by Texas and America First Legal in the Southern District of Texas. Nineteen additional states seek to block the administration’s parole program which allows up to 30,000 migrants from Venezuela, Cuba, Nicaragua, and Haiti per month. The parole program is an expanded program from the program put in place for Venezuelans in October. A limited number are allowed to fly directly into the United States if they did not enter the country illegally, have a sponsor in the U.S., and pass certain checks.

Biden announced the newly expanded program earlier this month. He added Cubans, Nicaraguans, and Haitians to the program which now allows up to 30,000 a month into the U.S. It allows migrants to receive work permits and a two-year authorization to remain in the U.S. The announcement came at a time when the administration announced an expansion of Title 42 expulsions includes Haitians, Nicaraguans, and Cubans.

“We anticipate this action is going to substantially reduce the number of people attempting to cross our southwest border without going through a legal process,” he said.

“We can provide humanitarian relief consistent with our values, cut out vicious smuggling organizations, and enforce our laws,” Homeland Security Secretary Alejandro Mayorkas said in a statement. “Individuals without a legal basis to remain in the United States will be subject to prompt expulsion or removal. Individuals who are provided a safe, orderly, and lawful path to the United States are less likely to risk their lives traversing thousands of miles in the hands of ruthless smugglers, only to arrive at our southern border and face the legal consequences of unlawful entry.”

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The lawsuit claims that the parole program is illegal and that the government has limited parole power. With the newly expanded program, 360,000 migrants will be admitted into the U.S. each year. The lawsuit points out that Congress limits parole and it is to be used case-by-case for urgent humanitarian reasons or significant public benefit. This is not how mass parole will work. The program fails all three specific factors.

“The parole program established by the Department fails each of the law’s three limiting factors. It is not case-by-case, is not for urgent humanitarian reasons, and advances no significant public benefit. Instead, it amounts to the creation of a new visa program that allows hundreds of thousands of aliens to enter the United States who otherwise have no basis for doing so. This flouts, rather than follows, the clear limits imposed by Congress,” the lawsuit reads.

The administration is calling on Congress to pass immigration reform. A better idea is to enforce the laws already on the books but that doesn’t come up with this administration. Biden prefers to do it his way, which has resulted in the crisis on the border we now see. He refuses to admit he has botched handling illegal immigration from the time he came into office, and he is not willing to use methods and policies that have proven to work in previous administrations.

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The administration wants to use the parole program to expand lawful migration as an alternative to migrant surges at the southern border. It has used the humanitarian parole program to allow Afghans and Ukrainians into the U.S. over the last year. Conservatives argue the program is illegal and encourages, not discourages, more migrants to surge at the border.

Also noted in the lawsuit is that the program did not participate in the notice-and-comment process required by the Administrative Procedure Act. Several immigration policies have been struck down because of that in recent years. The lawsuit also claims that the states “face substantial irreparable harms from the Department’s abuse of its parole authority, which allows potentially hundreds of thousands of additional aliens to enter each of their already overwhelmed territories.” Not to mention the additional costs of providing health care, social services, and education for the migrants.

Texas Attorney General Ken Paxton issued a statement.

“Every state in America, especially border states like Texas, is being crushed by the impacts of illegal immigration,” Texas Attorney General Ken Paxton said in a statement to Fox News Digital. “The Biden open borders agenda has created a humanitarian crisis that is increasing crime and violence in our streets, overwhelming local communities, and worsening the opioid crisis. This unlawful amnesty program, which will invite hundreds of thousands of aliens into the U.S. every year, will only make this immigration crisis drastically worse.”

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Stephen Miller, formerly an adviser to President Trump on immigration matters and who launched America First Legal, said the Biden parole program amounts to pre-approval for illegal immigrant to flood the country without legal basis.

The nineteen states that joined Texas in the lawsuit are Alabama, Alaska, Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, South Carolina, Tennessee, Utah, West Virginia and Wyoming. All but Kentucky and Louisiana have Republican governors.

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