Texas Attorney General Ken Paxton has sued the Biden administration over a policy he alleges would allow illegal immigrants to “Parole in Place” (PIP) and receive therwise unpermitted benefits.
The lawsuit alleges that the Biden administration is violating the U.S. Constitution in a new agency rule, established on August 19. That rule establishes a process for “certain noncitizen spouses and noncitizen stepchildren of U.S. citizens” to get around federal prohibitions against certain immigration benefits being obtained until after leaving the country and returning in a legal manner, according to the Department of Homeland Security’s (DHS) press release.
“These provisions of law established by Congress serve as powerful disincentives for individuals to cross the border unlawfully. Indeed, were they not present, there would be no practical reason for any alien to abide by the law, wait his or her turn, and only come to the United States when the law provides,” the filing argues.
“DHS has announced the creation of a program that effectively provides a new pathway to a green card and eventual citizenship.”
In the lawsuit, Paxton requested the court grant injunctive relief to ban the DHS from implementing the new PIP rule while the policy is on trial.
“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,” Paxton said in a press release.
“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.”
The lawsuit is a coalition of sixteen states — Texas, Idaho, Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming — along with conservative legal organization America First Legal (AFL).
It was filed against Homeland Security Secretary Alejandro Mayorkas, Citizenship and Immigration Services Director Ur Jaddou, Customs and Border Protection Acting Commissioner Troy Miller, Immigration and Customs Enforcement Acting Director Patrick J. Lechleiter, and Office of Management and Budget Director Shalanda Young.
Stephen Miller, president of AFL, said, “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.”
Texas and its co-litigant states have racked up a pretty good record against the Biden Administration as of late, winning cases over border wall construction, the unilateral transexual rewrite of Title IX, and even vaccine mandates for the National Guard. Expect Paxton and his state coalition to win this case, too, but the real remedy for the Biden Administration’s willful defiance of border security laws will have to come from American citizens voting in November.