Sixteen Republican-led states filed a lawsuit on Friday to stop the program launched by President Joe Biden in June, saying in court filings that the Biden administration overlooked Congress to create a path to citizenship for “blatant political purposes.”
Under the policy, which began accepting applications Monday, many spouses without legal status can apply for something called “parole in place,” which offers permission to stay in the United States, apply for a green card and eventually begin a path to citizenship.
But the program has been particularly controversial in an election year in which immigration is one of the biggest issues, with many Republicans attacking the policy and claiming it is essentially a form of amnesty for people who broke the law.
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Texas Attorney General Ken Paxton said in a statement Friday that the plan “violates the Constitution and actively worsens the illegal immigration disaster that is damaging Texas and our country.”
The lawsuit filed against the Department of Homeland SecurityDHS Secretary Alejandro Mayorkas and other Biden administration officials accuse the agency of trying to parole spouses “en masse,” which states say is an abuse of power.
The Department of Homeland Security and the White House did not immediately respond to a request for comment from The Associated Press.
To be eligible for the program, immigrants must have lived continuously in the U.S. for at least 10 years, pose no security threat or disqualifying criminal record, and have married a citizen by June 17, the day before the program was announced.
They must pay a $580 fee to apply and complete a lengthy application, which includes an explanation of why they deserve humanitarian parole and a long list of supporting documents proving how long they have been in the country.
They submit their application to the Department of Homeland Security and, if approved, have three years to apply for permanent residency. During that period, they can obtain work authorization.
The administration estimates that about 500,000 people could be eligible, plus about 50,000 of their children.
Before this program, it was difficult for people who were in the United States illegally to obtain a green card after marrying a U.S. citizen. They could be required to return to their home country, often for years, and always ran the risk of not being allowed to return.
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