Sixteen Republican-led states are taking legal action to block a federal program that could potentially provide a path to citizenship for nearly half a million immigrants without legal status who are married to U.S. citizens. The coalition, spearheaded by Texas Attorney General Ken Paxton, filed a lawsuit on Friday to halt the program initiated by President Biden in June. The court filings argue that the administration circumvented Congress to establish a pathway to citizenship for what they deem as „blatant political purposes.“
The program, which began accepting applications on Monday, allows spouses without legal status to apply for „parole in place,“ granting them permission to remain in the U.S., apply for a green card, and eventually pursue citizenship. However, this initiative has sparked controversy in an election year where immigration is a key issue, with many Republicans criticizing the policy as a form of amnesty for individuals who entered the country unlawfully.
Texas Attorney General Ken Paxton stated that the program „violates the Constitution and exacerbates the illegal immigration crisis that is negatively impacting Texas and our nation.“ The lawsuit, filed against the Department of Homeland Security, DHS Secretary Alejandro Mayorkas, and other Biden administration officials, alleges that the agency is attempting to parole spouses in large numbers, which the states argue is an abuse of power.
Florida Attorney General Ashley Moody also voiced opposition to the parole in place policy, asserting that the Biden administration is unlawfully utilizing „parole“ to advance an open-borders agenda. In response, a White House spokesperson affirmed that the administration will vigorously defend the policy, emphasizing the importance of keeping families together and upholding American values.
To qualify for the program, immigrants must have resided continuously in the U.S. for at least a decade, not pose a security threat or have a disqualifying criminal record, and have been married to a citizen by June 17th. Applicants are required to pay a $580 fee, submit a detailed application outlining their eligibility for humanitarian parole, and provide supporting documentation of their residency in the country.
If approved, individuals have three years to pursue permanent residency and can obtain work authorization during this period. The administration estimates that approximately 500,000 individuals, along with around 50,000 of their children, could be eligible for the program. Despite the legal challenges, the Department of Homeland Security has affirmed that they will continue to accept and process applications.
Prior to this initiative, obtaining a green card for individuals residing in the U.S. illegally after marrying an American citizen was a complex and uncertain process. Many faced the prospect of having to return to their home country for an extended period, with no guarantee of reentry. The parole in place program aims to provide a more streamlined and accessible pathway to citizenship for eligible individuals and their families.
In conclusion, the legal battle surrounding the parole in place program underscores the ongoing debate over immigration policy in the United States. While Republicans argue that the initiative incentivizes illegal immigration and undermines national security, the Biden administration maintains that it aligns with American values and promotes family unity. As the lawsuit unfolds, the future of this program and its impact on immigrant families remain uncertain.