Texas led a coalition of GOP states Friday in suing to stop President Biden’s new “parole” program for illegal immigrant spouses married to U.S. citizens, saying it’s unconstitutional and the administration cut too many corners in rushing it to fruition.
The program lets illegal immigrants remain in the U.S. and apply for legal status, and eventually citizenship, without having to leave the country — generally a requirement under the law. Mr. Biden has justified it by saying it lets families remain together while they apply.
But Texas Attorney General Ken Paxton said Mr. Biden doesn’t have the power to grant such a broad leniency.
“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,” Mr. Paxton said.
He’s being assisted in the case by America First Legal, an outfit with several Trump administration alums, which labeled Mr. Biden’s program an “amnesty” because it excuses the legal consequence of the illegal immigrants’ actions.
“It is brazenly unlawful, a deadly accelerant to the ruinous border invasion, and we will use every lawful tool to stop it,” said America First President Stephen Miller.
The new program offers them “parole,” which is a defense against deportation and brings work permits, a Social Security number and some taxpayer benefits.
To be eligible, illegal immigrants have to prove they have been in the U.S. for 10 years and are married to an American. They also must have a relatively clean criminal record. Their children — who are stepchildren of U.S. citizens — are also eligible.
Half a million illegal immigrants married to U.S. citizens are likely eligible to apply, as are about 50,000 of the migrants’ children, the government said.
Homeland Security said the average eligible illegal immigrant has been here 23 years.
The Washington Times reached out to the Justice Department for this story.
The program relies on Homeland Security’s power of parole. Under the law, that’s supposed to be a limited grant, on a case-by-case basis, where an “urgent” humanitarian situation or “significant” public need is at stake.
The Biden administration has used parole to welcome millions of otherwise unauthorized migrants into the U.S.
U.S. Citizenship and Immigration Services said granting parole to illegal immigrant spouses qualifies as a significant public benefit because it will make the illegal immigrants more secure and less worried about their situations. That means they will attain better jobs, be readier to help police and send more money to their home countries.
Mr. Paxton says the new spousal program applies “en masse,” which breaches the limits of the parole power.
Joining Texas in the lawsuit are Idaho, Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Wyoming.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.