Montana Attorney General Austin Knudsen has spearheaded a coalition of seven attorneys general in submitting an amicus brief supporting a lawsuit against a rule from the Biden-Harris administration. The rule, known as "Parole-in-Place" (PIP), permits illegal immigrants to stay in the United States with potential employment opportunities and access to public benefits. The brief was filed in the United States District Court for the Eastern District of Texas.
The PIP rule could allow over one million illegal immigrants to live as temporary legal residents until they apply for permanent residency. Attorney General Knudsen expressed concern that this would increase costs and administrative burdens on states. He stated, “Defendants’ latest move is to rewrite immigration law to allow over a million illegal aliens to remain in the United State and live as temporary legal residents until they can apply for permanent residency.”
Implemented by the Department of Homeland Security in August 2024, the PIP rule is criticized for exacerbating what is described as an unprecedented illegal immigration crisis. According to Knudsen, this situation has led to increased crime and drug trafficking rates, including a 111% rise in seized fentanyl in Montana during 2022.
The coalition argues that the PIP program exceeds congressional authority granted under the Immigration and Nationality Act. The act allows parole only on a “case-by-case basis for urgent humanitarian reasons or significant public benefit.” Critics claim that PIP grants parole broadly without individual assessment.
The brief also notes that implementing PIP imposes financial burdens on states due to program-specific costs and benefits provided to illegal immigrants. Furthermore, it alleges that the Biden-Harris administration did not adhere to notice-and-comment requirements outlined by the Administrative Procedure Act.
“Defendants’ challenged policies here, however, reflect a disregard for both federalism and the harms they are imposing on States,” reads part of the brief. Joining Attorney General Knudsen are attorneys general from Indiana, Mississippi, Nebraska, Oklahoma, Utah, and West Virginia's Patrick Morrisey.