Sixteen Republican-led states have initiated a lawsuit aimed at halting a federal program that could potentially provide a path to citizenship for nearly half a million undocumented immigrants married to U.S. citizens.
The lawsuit, filed in Texas, asserts that the Biden administration overstepped its authority by creating this program without congressional approval. The states argue that this move was made for political purposes and that it will encourage further illegal immigration, causing harm to the states involved.
The contested program, which began accepting applications in June 2023, allows undocumented spouses of U.S. citizens to apply for “parole in place.” This status permits them to remain in the U.S. legally, seek a green card, and eventually pursue citizenship.
The program has drawn sharp criticism from Republicans, particularly in the context of the upcoming elections, where immigration remains a contentious issue. Opponents claim that the program is essentially an amnesty for those who have violated immigration laws.
Texas Attorney General Ken Paxton and Florida Attorney General Ashley Moody are among the prominent voices opposing the program, arguing that it violates the Constitution and exacerbates the ongoing immigration crisis.
Sixteen States File Lawsuit Against Federal Program Granting Legal Status to Undocumented Spouses of U.S. Citizens
Moody has accused the Biden administration of using the parole system to advance an “open-borders agenda.” The lawsuit, which names the Department of Homeland Security (DHS) and its officials as defendants, seeks to suspend the program while the legal process unfolds.
In defense of the program, the DHS argues that it is grounded in established legal principles and reflects core American values by keeping families together. DHS officials have emphasized that the program is designed to prevent the separation of families where one member is a U.S. citizen.
Despite the lawsuit, the agency continues to process existing and new applications, underscoring its commitment to the program’s objectives.
Supporters of the program, including advocacy organizations like FWD.us, have condemned the lawsuit as politically motivated and harmful to families. They argue that the legal challenge is intended to create divisions and undermine the Biden administration’s immigration policies.
Immigration attorney Evelyn Wiese described the lawsuit as an attack on mixed-status families who have long contributed to U.S. communities, calling it an example of anti-immigrant extremism.
Eligibility for the program requires that applicants meet specific criteria, including continuous residence in the U.S. for at least ten years, a clean criminal record, and marriage to a U.S. citizen by mid-June 2023. The application process is extensive, involving a fee and comprehensive documentation.
If successful, applicants are granted three years during which they can apply for permanent residency and work authorization. The lawsuit, however, claims that the program will place undue burdens on states, particularly Texas, by increasing the demand for public services and potentially driving down wages due to the influx of new workers.
