Biden admin sued by 16 states over parole push for illegal immigrants with US spouses

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FIRST ON FOX: Sixteen Republican-led states are suing the Biden administration to block a controversial parole program that gives protection from deportation to illegal immigrants who are married to U.S. citizens.

The states, led by Texas and America First Legal, are suing over the "parole in place" rule announced in June by the Department of Homeland Security (DHS). The rule allows for humanitarian parole and a path to permanent residency for certain illegal immigrant spouses of U.S. citizens without them having to leave the country.

The states argue that the rule violates federal law, which prohibits illegal immigrants from obtaining immigration benefits, including permanent status, without first having left the country and being readmitted. They argue it does that by an unlawful use of parole, which is limited to use on a "case-by-case basis for urgent humanitarian reasons or significant public benefit."

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"Claiming that it has ‘unfettered discretion,’ Implementation of Keeping Families Together…DHS has announced the creation of a program that effectively provides a new pathway to a green card and eventual citizenship; announcing that it would allow more than 1.3 million aliens who are unlawfully present in the United States—more than 200,000 of whom live in Texas—to circumvent the processes established by Congress to apply for permanent residency," the states argue in the filing, obtained by Fox News Digital.

A reporter raises his hand to ask a question of Secretary of Homeland Security Alejandro Mayorkas during a press briefing, Monday, July 15, 2024 at the White House in Washington, D.C.  (AP)

The new process applies to noncitizen spouses who have lived in the U.S. for 10 years as of June and are judged not to pose a threat to public safety or national security, allowing them to apply for permanent residency. It argued that families live in fear and "face deep uncertainty about their future" due to the requirement that they depart and be processed abroad.

"In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion," a fact sheet said.

The DHS estimates that it will affect approximately 500,000 illegal immigrants. The process would not be eligible for new arrivals, as they must be in the U.S. for more than 10 years by June 2024.

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However, the coalition of states says that it would allow more than 1.3 million illegal immigrants to benefit. They argue it would also violate laws created by Congress that restrict the use of parole to a case-by-case determination.

"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," Texas Attorney General Ken Paxton said in a statement. "Biden’s new parole workaround unilaterally grants the opportunity for citizenship to unvetted aliens whose first act on American soil was to break our laws. This violates the Constitution and actively worsens the illegal immigration disaster that is hurting Texas and our country while the Administration denies any responsibility for the border crisis."

The states in the lawsuit are Texas, Idaho, Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Wyoming.

Texas Attorney General Ken Paxton arrives with former President Donald Trump at his criminal trial in New York on April 30, 2024. (Justin Lane/Reuters)

Stephen Miller, president of America First Legal, called the rule "brazenly unlawful."

"Since our founding over three years ago, America First Legal has led the courtroom fight against the open borders agenda of Biden and Harris. We have sued time and again to fight their catastrophic policies. Today, we are proud to represent a coalition of 16 states in filing a lawsuit to block an unconstitutional Biden-Harris amnesty program," he said. "This executive amnesty gives over one million illegals legal status, work permits, and a path to voting citizenship. It is brazenly unlawful, a deadly accelerant to the ruinous border invasion, and we will use every lawful tool to stop it."

CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS

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The Biden administration’s use of parole has caused controversy with Republicans. The administration is paroling up to 1,450 a day at ports of entry via the CBP One app and is allowing an additional 30,000 nationals from Cuba, Haiti, Nicaragua and Venezuela to enter into the U.S. a month via a separate program.

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The CHNV program was halted last month after an internal report discovered a significant amount of fraud among those applying to be supporters for migrants entering the U.S.

DHS did not immediately respond to Fox News Digital's request for comment.