Texas and 15 other states have filed a lawsuit in federal court to block the Biden administration’s program that protects long-term undocumented people married to U.S. citizens from deportation and provides a pathway to citizenship. The states argue that the Department of Homeland Security unlawfully created the program and that its implementation will cause financial harm to them.
The program, known as a parole in place, allows undocumented individuals married to U.S. citizens to apply for a green card without having to leave the country. This is seen as a one-time action to help approximately 500,000 noncitizen spouses and their children obtain lawful permanent residence.
The Department of Homeland Security has not yet responded to requests for comment on the lawsuit. The states involved in the case include Alabama, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming.
The lawsuit was filed in the United States District Court for the Eastern District of Texas, and American First Legal, founded by former Trump adviser Stephen Miller, is representing the states. The program created by the Biden administration is seen as a response to the lengthy process required for noncitizens to obtain legal status through a green card application by their U.S. spouses.
Applications for the program opened this week, and it is estimated that around 50,000 children who are noncitizens and have an immigrant parent married to a U.S. citizen will be eligible to apply. The requirements include residing in the U.S. for 10 years and being married to a U.S. citizen since a specific date in 2024.
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