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Lawsuit Against Biden-Harris Immigration Amnesty Program


Coalition Files Lawsuit Against Biden-Harris Amnesty Program

Last week, America First Legal (AFL), in collaboration with Texas, Idaho, and a coalition of fourteen other states, filed a significant lawsuit in the U.S. District Court for the Eastern District of Texas. The legal action challenges the Biden-Harris Administration’s Department of Homeland Security (DHS) for allegedly creating an unlawful program that offers a pathway to citizenship for over a million undocumented immigrants. This coalition is also seeking a temporary restraining order and a preliminary injunction. This would prevent the administration from moving forward with its proposed executive amnesty. This lawsuit amnesty immigration issue is now gaining national attention.

Federal Law vs. New Immigration Pathway

Federal law is clear: individuals who have entered the United States illegally cannot adjust their status to Lawful Permanent Resident. That is, if they have been unlawfully present. The lawsuit aims to deter illegal immigration. It does so by making sure that the country does not reward those who enter illegally with a path to citizenship. Meanwhile, individuals who wish to immigrate legally often endure long waits and adhere to established procedures. Allowing illegal immigrants to bypass these rules undermines the disincentives meant to curb illegal entry. Moreover, it could potentially encourage more unauthorized crossings. That would further strain the nation’s immigration system.

Controversy Over Parole in Place Program

The Biden-Harris Administration, asserting broad discretionary power, introduced the Parole in Place (PIP) Program. This program would grant “parole” to undocumented immigrants who have been in the U.S. for ten or more years. (Provided their spouse is a U.S. citizen.) For stepchildren of U.S. citizens, the requirements are even more lenient, with eligibility based on entry before June 17, 2024. This has raised concerns about lawsuit amnesty immigration implications.

However, immigration parole is intended for a “case-by-case basis for urgent humanitarian reasons or significant public benefit” for those temporarily entering the U.S. DHS may not use this authority to grant parole en masse. Nor can it allow individuals to remain permanently in the country. Moreover, the parole authority specifically targets individuals coming “into” the U.S. It does not target those who already reside in the country unlawfully. The issue is key in the ongoing discussions about amnesty and immigration in the lawsuit.

The coalition views this program as illegal. Its implementation would likely exacerbate the “worst immigration crisis in U.S. history.” States like Texas and Idaho argue that they will face significant harm if this program proceeds. AFL has expressed pride in joining forces with these state attorneys general to challenge what they see as another unlawful move by the Biden-Harris Administration. This is aimed at dismantling U.S. immigration laws from within. This push for executive amnesty is a significant lawsuit amnesty immigration issue today.

Statements from Key Figures

Ken Paxton, the Attorney General of Texas, stated: “The federal government under Joe Biden and Kamala Harris is dismantling the very foundations of our nation by ignoring immigration laws. This new parole workaround is an unconstitutional attempt to grant citizenship to undocumented immigrants, exacerbating the crisis at our borders. I will not stand by as our laws are trampled. This is why we are pursuing this lawsuit over amnesty and immigration.”

Stephen Miller, President of America First Legal, emphasized: “Since our inception, AFL has fought tirelessly against the open borders agenda. Today, we stand with sixteen states in this lawsuit to block a blatantly unconstitutional amnesty program. This executive action endangers our borders, legalizes over a million undocumented immigrants, and must end. It’s a crucial lawsuit amnesty immigration fight.”

Gene Hamilton, Executive Director of AFL, added: “This case is about holding the Biden-Harris Administration accountable for their unlawful actions. The administration’s disregard for the law threatens the fairness of our immigration system. This undermines those who have followed the legal process. We will fight to block this illegal program. The lawsuit against amnesty immigration measures will protect our nation.”

What Shepelsky Law Has to Say

Our CEO & Founding Attorney Marina Shepelsky, Esq. shares that:

“This is bad for America and bad for immigrants. We are a nation built on immigrants, they enrich us. Blocking people who have lived in the States for over decades AND married to US citizens impinges the rights of the US citizen spouses and is a bad policy.

“These people are, for the most part, hard working and NOT criminals. They should be able to integrate in society, pay taxes and get green cards. They paid their penance already by sitting here without any papers or a right to work and pay taxes over 10 years. Are we really this unforgiving as a nation that is integrated in the global economy and wants a thriving economy? Immigrants like these do jobs that Americans would not touch with a 10-foot pole (like dishwashers and farm workers, the hospitality industry). Let’s stop putting blocks in their journey and instead encourage them to legalize in an orderly fashion as this Parole in Place would have them do.”

What does this mean for you? Our legal team is ready to assist you with your immigration needs. Contact us today for a consultation and begin your journey toward a successful future in America.

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