Texas, other GOP-led states sue over program to grant legal status to immigrant spouses of US citizens

Sixteen Republican-led states are suing to end a federal program that could give nearly half a million undocumented immigrants who are married to U.S. citizens a path to citizenship.

The coalition filed a lawsuit Friday to stop the program launched by President Joe Biden in June, saying in court filings that the administration sidestepped Congress to create a path to citizenship for “blatant political purposes.”

“This action encourages illegal immigration and will irreparably harm the plaintiff states,” the suit, filed in federal court in Tyler, Texas, says.

Under the policy, which began accepting applications Monday, many undocumented spouses can apply for something called “parole in place,” giving permission to stay in the U.S., apply for a green card and eventually enter on the path to citizenship.

But the program has been particularly controversial in an election year where immigration is one of the biggest issues, with many Republicans attacking the policy and arguing that it is essentially a form of amnesty for those who have broken the law.

Texas Attorney General Ken Paxton said in a statement Friday that the plan “violates the Constitution and actively exacerbates the scourge of illegal immigration that is harming Texas and our country.”

The lawsuit filed against the Department of Homeland Security, DHS Secretary Alejandro Mayorkas and other Biden administration officials accuses the agency of trying to parole spouses “en masse,” which the states say is an abuse of power. The states have also filed a motion asking that the program be suspended while the lawsuit plays out.

In a post on X, Florida Attorney General Ashley Moody said her state is challenging the parole policy because she believes the Biden administration is “illegally using ‘parole’ in a systematic way to advance its agenda of opening the borders”.

The conservative nonprofit America First Legal, which is led by Stephen Miller, a former adviser to President Donald Trump, is co-counsel in the suit.

Department of Homeland Security spokeswoman Mayra Alejandra said the agency will defend the Keeping Families Together program in court and continues to process applications already submitted as well as accept new applications.

“Keeping Families Together is based on well-established legal authority, and its goal — to enable families of American citizens to live without fear of separation — is consistent with fundamental American values,” Alejandra said.

White House spokesman Angelo Fernández Hernández pushed back against Republicans “playing politics” and characterized the process as another form of family separation.

“This lawsuit seeks to force American citizens and their families, people who have lived in the United States for more than ten years, to continue living in the shadows,” Fernandez said in a statement.

The bipartisan immigration and criminal justice organization FWD.us said the program complies with the law and noted the timing of the lawsuit as Vice President Kamala Harris accepted the Democratic nomination for president.

“The sole motivation behind this lawsuit is the cruelty of tearing families apart and the crude politics of hoping that a judge might grant the anti-immigrant movement’s request,” the organization said in a statement.

Karen Tumlin, founder and director of the Justice Action Center, called the legal challenge “unsurprising but extremely disappointing and cruel.”

“However, it is important to stress that nothing is changing at the moment and the process is still open and accepting applications,” she said.

To be eligible for the program, immigrants must have lived continuously in the US for at least 10 years, not pose a security threat or have a disqualifying criminal record, and be married to a citizen by June 17 – one day before the start of the program. announced.

They must pay a $580 fee to apply and complete a lengthy application, including an explanation of why they deserve humanitarian parole and a long list of supporting documents proving how long they have been in the country.

If approved, applicants have three years to seek permanent residency. During this period, they can obtain a work permit. The administration estimates that about 500,000 people could be eligible, plus about 50,000 of their children.

Before this program, it was complicated for people who were in the US illegally to get a green card after marrying a US citizen. They may be required to return to their country of origin – often for years – and always face the risk that they may not be allowed back.

The lawsuit argues that states will bear the burden of additional immigrants who remain in the country.

Texas, according to the lawsuit, spends tens of millions of dollars each year on a program that provides health insurance for children, including those in the country illegally. It says the state also spends millions each year “on increased law enforcement as its citizens suffer increasing crime, unemployment, environmental damage and social unrest from illegal immigration.”

Because the program’s beneficiaries will be entitled to work authorization, those additional workers “will reduce the wages of Texas residents, directly harming the state and its citizens,” the lawsuit says.

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.

“The attempt to destroy these families and prevent them from accessing a legal path to status in the US is cruel and reflects anti-immigrant extremism,” she said.

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AP writer Rebecca Santana contributed to this report from Washington.