On Friday, a federal judge decided that a new program allowing about 30,000 potential asylum-seekers from four countries to enter the U.S. via airports each month can continue, which is a setback for Texas Republican officials who tried to stop the initiative.
The lawsuit is about the administration’s use of parole under immigration law to allow migrants from Cuba, Haiti, Nicaragua, and Venezuela to enter the U.S. even though they may not qualify for entry visas.
U.S. District Judge Drew B. Tipton, in his decision, stated that Texas and 19 other states were unable to prove they have suffered financial harm from the program and therefore “they lack standing to bring these claims.
The order says, “As far as the Department of Homeland Security is concerned, the Program has been a great success.”
In their complaint, the states argued that the DHS created a new visa program without Congress' approval, claiming it was to prevent aliens from crossing the border unlawfully.
Texas Attorney General Ken Paxton went further, stating that “every state in America” had been negatively affected by illegal immigration. Texas argued that the program harms the state because approved immigrants are eligible for state services like health care and public education. This is one of the many lawsuits Texas has filed since January 2021 to challenge the Biden administration’s immigration policy.
“The Biden open borders agenda has created a humanitarian crisis that is increasing crime and violence in our streets, overwhelming local communities, and worsening the opioid crisis,” he said. “This unlawful amnesty program, which will invite hundreds of thousands of aliens into the U.S. every year, will only make this immigration crisis drastically worse.”
The lawsuit came as the Biden administration is trying to separate border and immigration issues — providing ways for asylum-seekers to enter the U.S. while cracking down on migrants who cross into the country without permission.
The White House praised Tipton’s decision in a statement.
“The district court’s decision is based on the success of this program, which has expanded lawful pathways for nationals from Cuba, Haiti, Nicaragua, and Venezuela who have a sponsor in this country and pass our rigorous vetting process, while dramatically decreasing the number of nationals from those countries crossing our Southwest Border,” White House spokesperson Angelo Fernández Hernández said, according to The Associated Press.
Since the program’s launch in 2022, more than 357,000 people have been granted parole. The largest group, according to the AP, have been Haitians.
Migrants apply online, arrive at an airport with a financial sponsor in the U.S., and if approved, they can stay for up to two years if they obtain a work permit, AP reported.
The Hill reached out to Paxton’s office for comment.
The Associated Press contributed reporting.
