Biden Administration Sued by 16 States Over Legal Residency Program for Immigrant Spouses

On Friday, August 23rd, sixteen Republican-led states filed a lawsuit against the Biden administration, challenging a federal program that offers a path to legal residency for undocumented immigrants married to U.S. citizens. The program, introduced in June by the Department of Homeland Security (DHS), allows noncitizen spouses who have lived in the United States for at least 10 years to apply for “parole in place,” a status that grants them protection from deportation, the ability to apply for a green card, and eventually citizenship.

The states, led by Texas, argue that the program is an unlawful overreach by the Biden administration, bypassing Congress to create a pathway to citizenship for individuals who have violated immigration laws. The lawsuit, filed in federal court in Texas, asserts that the program violates federal law by using parole on a large scale rather than on a “case-by-case basis for urgent humanitarian reasons or significant public benefit,” as the law requires.

Texas Attorney General Ken Paxton, a leading figure in the lawsuit, accused the Biden administration of undermining the rule of law and exacerbating the nation’s immigration challenges. “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,” Paxton said, emphasizing the potential harm to states like Texas, which he claims already bear significant costs due to illegal immigration.

The DHS estimates that approximately 500,000 people could benefit from the program, which is open only to those who meet specific criteria, including a clean criminal record and marriage to a U.S. citizen before June 17, 2024. However, the states involved in the lawsuit contend that the actual number of beneficiaries could exceed 1.3 million, further straining state resources and impacting wages due to an influx of work-authorized immigrants.

The lawsuit also raises concerns about the broader implications of the Biden administration’s immigration policies. Critics argue that the program incentivizes illegal immigration by offering a path to legal status for those who have entered the country unlawfully. In contrast, supporters of the program, including advocacy groups like FWD.us, defend it as a humane approach that keeps families together and aligns with existing laws.

As the legal battle unfolds, the Biden administration’s handling of immigration will remain a focal point in the ongoing national debate, particularly as the 2024 election approaches. The outcome of this lawsuit could have significant implications for the future of immigration policy in the U.S., potentially affecting hundreds of thousands of families and setting a precedent for how the government addresses the complex issue of undocumented immigrants married to U.S. citizens.