Sixteen Republican-led states have filed a lawsuit to block a new federal program launched by President Joe Biden that could provide a pathway to citizenship for nearly half a million undocumented immigrants married to U.S. citizens. The coalition argues that the administration is bypassing Congress to achieve political goals and incentivizing illegal immigration.
The Lawsuit’s Key Claims
Filed on Friday in Tyler, Texas, the lawsuit claims that the program, which began accepting applications on Monday, offers “parole in place” for undocumented spouses, allowing them to stay in the U.S., apply for a green card, and eventually pursue citizenship. The states argue that this is an abuse of power and that the policy will have irreparable consequences for the plaintiff states.
Texas Attorney General Ken Paxton, one of the leaders of the lawsuit, criticized the plan, stating that it “violates the Constitution and actively worsens the illegal immigration disaster.” The suit also seeks to temporarily halt the program while the legal challenge proceeds.
GOP Opposition and Criticism
Republican officials have expressed strong opposition to the program, with Florida Attorney General Ashley Moody accusing the Biden administration of using the parole system to advance an “open-borders agenda.” The lawsuit has drawn support from the conservative nonprofit America First Legal, headed by Stephen Miller, a former adviser to President Donald Trump.
The Biden Administration’s Response
The Department of Homeland Security (DHS), responsible for implementing the program, has defended its legality and purpose. DHS spokesperson Mayra Alejandra emphasized that the Keeping Families Together program is grounded in established legal authority and aims to protect families from separation. The agency continues to process applications and has vowed to defend the program in court.
White House spokesperson Angelo Fernández Hernández condemned the lawsuit, arguing that it seeks to force U.S. citizens and their families to live in fear and perpetuate family separation.
Program Details and Eligibility
The program targets immigrants who have been continuously residing in the U.S. for at least ten years, are married to U.S. citizens as of June 17, 2024, and have no disqualifying criminal history. Applicants must pay a $580 fee, provide extensive documentation, and explain why they deserve humanitarian parole. If approved, they can apply for permanent residency within three years and receive work authorization.
Legal and Political Implications
The lawsuit, filed during an election year when immigration is a major issue, highlights the polarizing nature of the Biden administration’s immigration policies. Critics argue that the program could place financial and social burdens on states, citing increased healthcare costs, crime, and unemployment. Supporters, however, view the lawsuit as an attack on families who have long contributed to their communities.
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