Idaho Attorney General Raúl Labrador and Texas Attorney General Ken Paxton are leading 14 other states in a lawsuit filed in a Texas U.S. District Court, seeking to end the Biden-Harris Administration’s expansion of the Parole-in-Place (PIP) Program. Traditionally administered on a case-by-case basis, the PIP program allows undocumented individuals who entered the country without authorization to remain in the United States for urgent humanitarian reasons or significant public benefit.
Under the expanded PIP program, certain undocumented individuals will be allowed to stay temporarily to apply for spousal or child green cards without leaving the United States.
“The new interpretation of the Parole in Place program further encourages illegal immigration and imposes undue financial burdens on our states. The Biden-Harris administration is once again ignoring the Constitution and existing federal immigration law,” said Attorney General Labrador. “There are families waiting patiently and respectfully abroad while their applications are being lawfully processed. We cannot choose to reward those who break the law instead.”
The complaint asserts, “Longstanding federal law prohibits aliens who entered the United States unlawfully from obtaining most immigration benefits. This includes obtaining lawful permanent resident status—without first leaving the United States and waiting outside the United States for the requisite time—based upon an approved family-based or employment-based visa petition. These provisions of law established by Congress serve as powerful disincentives for individuals to cross the border unlawfully. Indeed, were they not present, there would be no practical reason for any alien to abide by the law, wait his or her turn, and only come to the United States when the law provides.”
The lawsuit argues that under PIP, allowing certain undocumented individuals to obtain green cards while remaining in U.S. territory indefinitely during adjudication undermines these legal provisions.
Joining Idaho and Texas in this suit are Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming. The suit was filed in the U.S. District Court of the Eastern District of Texas.