A federal program that would provide nearly half a million undocumented immigrants who are married to citizens of the United States with a road to citizenship is being challenged in court. President Joe Biden’s program was started in June, but sixteen Republican-led states filed a lawsuit on Friday to stop it. They said in their court documents that the Biden administration circumvented Congress to establish a citizenship pathway for “blatant political purposes.”
The lawsuit, which was filed in federal court in Tyler, Texas, claims that “this action incentivises illegal immigration and will irreparably harm the Plaintiff states.”Many couples who do not have legal status can apply for “parole in place,” which allows them to remain in the country, apply for a green card, and eventually start the process of becoming citizens.
The policy went into effect on Monday. However, the program has been especially divisive in an election year where immigration is a major issue. Numerous Republicans have attacked the policy, arguing that it amounts to a kind of amnesty for lawbreakers. The plan “violates the Constitution and actively worsens the illegal immigration disaster that is hurting Texas and our country,” according to a statement released by Texas Attorney General Ken Paxton on Friday.
In the lawsuit brought against Secretary of Homeland Security Alejandro Mayorkas, several Biden administration officials, and the Department of Homeland Security, the states claim that the government is abusing its authority by trying to release spouses “en masse.” An Associated Press request for comment was not immediately answered by the White House or the Department of Homeland Security.
The lawsuit was submitted the same night that Kamala Harris accepted the Democratic nomination for president, according to the bipartisan immigration and criminal justice organisation FWD.us, which also stated that the program complies with the law. The group released a statement stating, “The only motivation behind this lawsuit is the crass politics of hoping a judge might do the bidding of the anti-immigrant movement and the cruelty of tearing families apart.”
In order to qualify for the program, immigrants had to be married to a citizen on June 17, the day the program was unveiled, not be a security risk, and have been continuously residing in the United States for at least ten years.In order to apply, individuals must pay a $580 fee and complete a detailed application that includes supporting documentation attesting to their duration of stay in the nation as well as an explanation of why they should be granted humanitarian parole.
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