Sixteen Republican-led states are suing to end a federal program that could potentially give nearly half a million immigrants without legal status who are married to U.S. citizens a path to citizenship.
The states also filed a motion asking for the program to be put on hold while the lawsuit proceeds.
White House spokesperson Angelo Fernández Hernández fired back against Republicans “playing politics” and characterized the lawsuit as another form of family separation.
“This lawsuit is seeking to force U.S. citizens and their families, people who have lived in the United States for more than ten years, to continue to live in the shadows,” Fernandez said in a statement.
The lawsuit contends that states will bear the burden of additional immigrants staying in the country.
Texas, the suit says, spends tens of millions of dollars each year on a program that provides health insurance for children, including those in the country illegally.
Evelyn Wiese, an immigration attorney at Americans for Immigrant Justice, described the lawsuit as an “attack” on mixed status families who have spent years contributing to their communities in the United States.
“Trying to rip apart these families and prevent them from accessing a lawful pathway to status in the U.S. is cruel and reflective of anti-immigrant extremism,” she said.
Republican-controlled states in sixteen states are suing the federal government to stop a program that might provide nearly half a million undocumented immigrants who are married to U.S. citizens with legal status. S. a route to become citizens.
With court filings claiming that the administration circumvented Congress to establish a pathway to citizenship for “blatant political purposes,” the coalition filed a lawsuit on Friday to stop the program that President Joe Biden had started in June. “.
The lawsuit was filed in federal court in Tyler, Texas, and claims that “this action incentivizes illegal immigration and will irreparably harm the Plaintiff states.”.
After the policy went into effect on Monday, many spouses who do not have legal status can apply for “parole in place,” which allows them to remain in the United States. S. eventually begin the process of applying for a green card and becoming a citizen.
However, many Republicans have attacked the program, arguing that it is essentially a form of amnesty for those who have broken the law, making it especially divisive in an election year where immigration is one of the major issues.
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. “.
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The Department of Homeland Security, DHS Secretary Alejandro Mayorkas, and other Biden administration officials are named in a lawsuit that alleges the agency is trying to parole spouses “en masse,” which the states argue is an abuse of authority. In a separate motion, the states requested that the program be suspended while the legal action is ongoing.
The attorney general of Florida, Ashley Moody, stated in a post on X that her state is contesting the parole in place policy because she feels the Biden administration “is illegally using ‘parole’ in a systematic way to advance their open-borders agenda.”. “.
Co-counsel in the case is the conservative nonprofit America First Legal, led by Stephen Miller, a former Trump advisor.
Spokesman for the Department of Homeland Security, Mayra Alejandra, stated that the organization will continue to process applications that have already been submitted and accept new ones, as well as defend the Keeping Families Together program in court.
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The foundation of “Keeping Families Together” is established legal authority, and the program’s goal is to empower American families. s. It is consistent with core American values for citizens to live without fear of separation, according to Alejandra.
Replying to Republicans who he accused of “playing politics,” White House spokesperson Angelo Fernández Hernández described the lawsuit as an additional instance of family separation.
This legal action aims to compel U.S. S. citizens and their families, as well as individuals who have been in the country for longer than ten years, to stay in the background,” Fernandez said in a statement.
Bipartisan criminal justice and immigration group FWD . us stated that the program complies with the law and pointed out that the lawsuit was filed at the same time that Vice President Kamala Harris accepted the Democratic nomination for president.
“This lawsuit is solely driven by the inhumane act of severing families and the petty political aspirations of expecting a judge to comply with the demands of the anti-immigrant movement,” the group declared.
The Justice Action Center’s director and founder, Karen Tumlin, described the legal challenge as “unsurprising yet extremely disappointing and cruel.”. “.
She added, “It’s crucial to stress that nothing changes for the time being and that applications are still being accepted for the process.”.
Immigrants must have resided in the United States continuously in order to be eligible for the program. S. for a minimum of ten years, not be a security risk or have a criminal record that disqualifies them, and have been married to a citizen by June 17—the day the program was unveiled.
In order to apply, they must pay a $580 fee and complete a detailed application that includes supporting documentation attesting to their length of stay in the nation as well as an explanation of why they should be granted humanitarian parole.
Those who are accepted have three years to apply for permanent residence. They are able to obtain work authorization during that time. About 500,000 persons, plus roughly 50,000 of their offspring, may qualify, according to administration estimates.
Watch how spouses and children of citizens who are undocumented are protected by Biden’s immigration order.
Prior to the implementation of this program, individuals in the U.S. S. After marrying an American citizen, one can apply illegally for a green card. They always run the risk of not being permitted to return, and they may be forced to return home for years at a time.
According to the lawsuit, the cost of more immigrants remaining in the nation will fall on the states.
The lawsuit claims that Texas invests tens of millions of dollars annually in a program that offers children’s health insurance, including those who are undocumented immigrants. It also states that the state spends millions annually “on increased law enforcement as a result of illegal immigration, which causes its citizens to suffer from increased crime, unemployment, environmental harm, and social disorder.”. “.
The lawsuit claims that those extra workers “will drive down the wages of Texas residents, directly harming the State and its citizens” because the program beneficiaries will be eligible for work authorization.
The lawsuit is an “attack” on mixed-status families who have spent years giving back to their communities in the United States, according to Evelyn Wiese, an immigration attorney at Americans for Immigrant Justice.
The attempt to split up these families and keep them from obtaining a legal route to permanent residency in the U.S. s. is harsh and reminiscent of extreme anti-immigrant sentiment, the speaker claimed.
Rebecca Santana, an AP writer, contributed from Washington to this story.
