A coalition of 20 states is suing Biden over the recently expanded humanitarian parole program, which allows thousands of migrants from certain countries to enter the U.S. each month. The group claims that it is illegal.
Texas and America First Legal in Texas joined the lawsuit. They are trying to stop the Biden administration from allowing up to 30,000 migrants each month from Haiti, Nicaragua and Cuba to enter the U.S.
In October, the Biden administration announced a program that allowed Venezuelans to fly directly into the United States. This allowed only a small number of people to do so provided they did not enter illegally and had a sponsor in the U.S.
Biden, the President, announced earlier this month that the program would be expanding and include Nicaraguans, Haitians, and Cubans. The program would also allow for up to 30,000 people to enter the U.S. each month. This announcement was made alongside the expansion of Title 42 expulsions in order to include these nationalities.
Plaintiffs claim that the program violates the law because of the “exceptionally limited” parole powers available to the federal government in the lawsuit. It was led by Texas and America First Legal.
The lawsuit states that parole is subject to Congress’s limitations and can only be used for “case-by case” humanitarian reasons or significant public benefits. This standard, the lawsuit claims, the program does not meet.
Biden’s administration stated that the program was one of many ways it expands lawful migration routes to counter the continuing migrant surge at border. It is asking Congress to pass a wider immigration reform bill.
It has also used humanitarian parole to allow Afghans, and Ukrainians, into the U.S. over the past year. Conservative critics claim that the new program is illegal and encourages rather than stops the migrant wave.
According to the lawsuit, the program was also illegal because it didn’t engage in the notice and comment rulemaking required under the Administrative Procedure Act. This is how many immigration policies have been temporarily or permanently canceled in recent years.
This lawsuit is also the latest in a series of legal challenges to Biden’s policies by America First Legal, a conservative legal organization founded by Stephen Miller, a former Trump White House official. Miller described him as being “at forefront of the legal fight to save America’s border from total destruction at the hands of this lawless government.”
Miller called the Biden program “pre-amnesty” for illegal aliens who arrive at our borders before they are even legal. Miller also compared the Biden program to Obama’s Deferred Action for Childhood Arrivals program. This gave protection from deportation for illegal immigrants who arrived in the U.S.as minors.
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“This is a dramatic escalation of the open borders crusade. Not only is Biden now freely admitting illegal aliens arriving at our borders but he’s also going to foreign countries in order to pre-approve countless illegal aliens flooding into our country, without any legal basis. He said that it was illegal, unconstitutional and disgraceful.
Alabama, Alaska and Arkansas joined the lawsuit along with Texas.
After more than 250,000 migrants crossed the southern border in December alone, the new parole program was established. This is a record. The Biden administration claims that the new measures have already had an impact and that there has been an increase in the number of migrants crossing the border from these nationalities.