Texas Attorney General Ken Paxton led a coalition of 16 states and America First Legal to sue the U.S. Department of Homeland Security (“DHS”), Secretary Alejandro Mayorkas, and other Biden Administration officials. The new lawsuit aims to stop an unlawful agency rule granting hundreds of thousands of illegal aliens the ability to “parole in place.” This change would allow certain classifications of illegal aliens to gain permanent residency status while remaining in the United States in violation of federal law.
Federal statute prohibits illegal aliens from obtaining most immigration benefits, such as permanent resident status, without first leaving the country and being admitted to re-enter and reside in the country lawfully. Instead of abiding by current federal law, Biden’s DHS announced that it would permit 1.3 million illegal aliens, more than 200,000 of whom live in Texas, to ignore federal law and apply for permanent residency—an opportunity that is not legally available to those present in the country unlawfully. This blatantly circumvents the Constitution and directly violates the laws created by Congress to restrict the use of parole authority to a small number of “case-by-case” determinations.
Because the new rule ignores the United States Constitution, violates the law Administrative Procedure Act, and contravenes existing federal law, Attorney General Paxton asked the court to grant injunctive relief preventing DHS from implementing the new policy while a trial on the merits is conducted.
“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,” said Attorney General Paxton. “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.”
America First Legal is serving as co-counsel. Stephen Miller, President of America First Legal, said: “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. 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.”
To read the filing, click here.