California Attorney General Rob Bonta has joined a multistate coalition of 18 attorneys general in an amicus brief before the Fifth Circuit Court of Appeals in Texas v. U.S. Department of Homeland Security. The brief supports President Biden’s Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV Parole Program). This program offers qualified individuals from these countries an opportunity to apply for advance travel authorization and be considered on a case-by-case basis for temporary humanitarian parole of up to two years, which includes employment authorization.
The coalition emphasizes the states’ interest in maintaining the federal government's discretionary power to permit certain migrants entry or allow immigrants to stay in the country on humanitarian grounds. The brief urges the court to uphold the CHNV Parole Program.
“In California, we believe that migrants escaping violence should be treated with compassion and dignity, and immigration parole programs are a crucial part of a just and secure immigration system,” said Attorney General Bonta. “The Biden Administration’s CHNV Parole Program provides a safe pathway to apply for protection for Cuban, Haitian, Nicaraguan, or Venezuelan migrants fleeing violence and upheaval. We urge the court to uphold this program that creates orderly processes for people fleeing humanitarian crises to lawfully reach the United States."
Historically, since the Eisenhower Administration, the federal executive branch has exercised its authority under the Immigration and Nationality Act to parole migrants into the United States for humanitarian and other purposes. Parole offers a legal pathway for individuals to join their families and seek protection in the United States. The lawsuit led by Texas threatens this ability by challenging such crucial programs that assist migrants fleeing unstable conditions.
The amicus brief highlights several points:
- Immigrants are key contributors to state economies; parole recipients fill critical positions in industries with labor shortages.
- Enjoining the program would separate families and force parolees back into dangerous conditions.
- Contrary to plaintiffs' arguments, evidence suggests that parole pathways likely decrease crime rates and reduce costs related to law enforcement, healthcare, and other services.
In submitting this amicus brief, Attorney General Bonta is joined by his counterparts from New York, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon Pennsylvania Vermont Washington D.C.,
A copy of the amicus brief is available here.