Sixteen Republican-led states are suing to Federal program This could potentially open up the possibility of citizenship to nearly half a million undocumented immigrants married to U.S. citizens.
The coalition, led by Texas Attorney General Ken Paxton, filed suit Friday to stop the program launched by President Biden in June, saying in court documents that the administration bypassed Congress to create a path to citizenship for “obvious political reasons.”
“This measure encourages illegal immigration and will cause irreparable harm to the plaintiff states,” the lawsuit states.
Under the scheme, which began accepting applications on Monday, many spouses without immigration status can apply for what is known as “parole in place,” which allows them to stay in the United States, apply for a green card and eventually become a citizen.
But in an election year where immigration is one of the biggest issues, the program is particularly controversial, with many Republicans attacking the policy, claiming it is essentially a form of amnesty for lawbreakers.
In a statement Friday, Paxton said the plan “violates the Constitution and actively exacerbates the disaster of illegal immigration that is harming Texas and our country.”
The lawsuit against the Department of Homeland Security, Secretary of Homeland Security Alejandro Mayorkas and other Biden administration officials accuses the agency of attempting to parole spouses “en masse,” which the states say is an abuse of power.
In a post on X, Florida Attorney General Ashley Moody said her state is challenging the parole policy because she believes the Biden administration is “illegally and systematically using ‘parole’ to advance its open borders agenda.”
A White House spokesman told CBS News that the administration would “vigorously defend” this policy.
“Republican officials continue to show that they are more focused on political games than on helping American families or fixing our broken immigration system. With this lawsuit, we seek to force U.S. citizens and their families who have lived in the United States for more than a decade to continue living in hiding,” the spokesman said.
In a separate statement, a Department of Homeland Security spokesman said the policy was “founded on a well-established legal basis and its purpose – to enable families of U.S. citizens to live without fear of separation – is consistent with fundamental American values.”
To be eligible for the program, immigrants must have lived in the United States for at least 10 years continuously, must not pose a security threat or have a disqualifying criminal history, and must have been married to an American citizen by June 17, the day before the program was announced.
They must pay a $580 fee to apply and fill out a lengthy application that includes, among other things, a justification for why they are eligible for humanitarian parole and a long list of documents proving how long they have been in the country.
They apply to the Department of Homeland Security and, if approved, have three years to apply for permanent residency. During that time, they can get a work permit. The government estimates that about 500,000 people and about 50,000 of their children are eligible.
The DHS spokesman said the agency will continue to accept and process applications.
Before this program, people who were in the United States illegally had a difficult time obtaining a green card after marrying an American citizen. They might have to return to their home country – often for years – and they always had to live with the risk of being denied entry.
Camilo Montoya-Galvez contributed to this report.
