By Tim Gamble
The following is from a press release by America First Legal (AFL), dated August 23, 2024. All links are to pages of the AFL website.
August 23, 2024 WASHINGTON, D.C. – Today, America First Legal (AFL), partnering with the States of Texas and Idaho, along with a coalition of fourteen state Attorneys General–Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming–filed an urgent lawsuit in the United States District Court for the Eastern District of Texas against the Biden-Harris Administration’s Department of Homeland Security (DHS) for unlawfully creating a program that effectively provides a new pathway to citizenship for more than a million illegal aliens. The coalition also seeks a temporary restraining order and preliminary injunction to stop the Biden-Harris Administration from proceeding with its plans to provide immediate executive amnesty.
Federal law prohibits illegal aliens from adjusting their status to that of a Lawful Permanent Resident in the United States if they have been unlawfully present in the United States–a commonsense measure that acts as a disincentive to anyone who might come to the United States illegally. Other individuals who desire to live in the United States often wait years for their turn to come into the United States legally, but they follow the law and wait their turn. Allowing illegal aliens to adjust their status in the United States eliminates any disincentive to coming to the United States illegally–and will actually encourage even more illegal aliens to attempt to obtain release into the interior of the United States.
The Biden-Harris Administration–claiming to have “unfettered discretion”–has flipped that paradigm on its head and created the Parole in Place (PIP) Program. PIP would allow aliens who have been unlawfully present in the United States for ten or more years to receive a grant of “parole”–without leaving the United States and attempting to come back and apply for admission at a port of entry–if the alien is the spouse of a U.S. citizen. Stepchildren of U.S. citizens have it even easier–they only need to have entered the United States before June 17, 2024.
However, the immigration parole authority can only be used on “a case-by-case basis for urgent humanitarian reasons or significant public benefit” for aliens coming temporarily to the United States. DHS “cannot use that power to parole aliens en masse,” which is precisely what PIP aims to achieve. Nor can it be used to allow aliens to permanently migrate to the United States. Furthermore, because the parole power may only be exercised to allow an alien to come “into” the United States, it may not be lawfully exercised for aliens already present in the country.
The implementation of this blatantly illegal program will only further fuel the greatest immigration crisis in history and cause irreparable harm to states like Texas and Idaho. AFL is proud to partner with brave Attorneys General to fight yet another lawless Biden-Harris plot to destroy the United States from the interior.
Statement from Ken Paxton, Attorney General of Texas:
“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. 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. This violates the Constitution and actively worsens the illegal immigration disaster that is hurting Texas and our country,” said Attorney General Paxton.
Statement from Stephen Miller, America First Legal President:
“Since our founding over three years ago, America First Legal has led the courtroom fight against the open borders agenda of Biden and Harris. We have sued time and again to fight their catastrophic policies. Today, we are proud to represent a coalition of sixteen 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,” said Stephen Miller.
Statement from Gene Hamilton, America First Legal Executive Director:
“This case is about fighting blatantly illegal action by the Biden-Harris Administration, while simultaneously fighting for fundamental fairness for any legal immigrant who followed the laws passed by Congress. The Biden-Harris Administration announced–without so much as the opportunity for the public to comment on their proposal–the creation of yet another blatantly illegal immigration program. In flagrant disregard of black-letter laws passed by Congress, they aim to provide amnesty to over a million illegal aliens in the United States and to lay the foundation for an even larger future amnesty. It must be stopped,” said Gene Hamilton.
Read the lawsuit here.
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