20 States Sue Biden Admin For “Illegal Visa System”

By Bethany Blankley (The Center Square)

Twenty states led by Texas sued the Biden administration on Tuesday over another immigration policy they say is illegal.

A new program by the US Department of Homeland Security “illegally creates a de facto path to citizenship for hundreds of thousands of aliens,” argues Texas Attorney General Ken Paxton, referring to a plan by President Joe Biden . announced January 5.

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Part of the plan involves expanding a parole system to allow 360,000 additional foreigners in the country to be released illegally into the United States, a system for which Florida has already cited. The Florida case went to trial the same day Biden announced he would expand the very system that Florida is asking a judge to stop.

The proposed expansion allows 30,000 Cubans, Haitians, Nicaraguans and Venezuelans to enter the United States a month, and requires Mexico to hold another roughly 30,000 a month at the expense of American taxpayers. The president said that those who enter illegally between the ports of entry from these four countries will be returned to Mexico. Those applying for work permits may receive a two-year authorization to live in the United States, according to the program. If the law established by Congress were enforced, most people who apply to this program would be denied entry.

The plan applies to citizens of four countries that have increasingly entered the United States illegally since Biden took office.

In fiscal 2022 and the first three months of fiscal 2023, for example, a record number of Cubans and Haitians were arrested by US Coast Guard and Border Patrol agents attempting to enter Florida illegally. Similarly, a record number of Nicaraguans and Venezuelans were apprehended at the southern border, according to data from Customs and Border Protection.

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The January 5, DHS Secretary Alexander Mayorkas again claimed “the border has been closed” and the expansion of the parole system “will provide humanitarian aid consistent with our values, eliminate vicious smuggling organizations, and enforce our laws.” He also said: “Individuals without a legal basis to remain in the United States will be subject to prompt expulsion or removal. Individuals who are provided a safe, orderly and legal path to the United States are less likely to risk their lives through thousands of kilometers in the hands of ruthless smugglers, only to reach our southern border and face the legal consequences of illegal entry.”

Paxton argues that the program is illegal because Congress only authorized parole “for foreign nationals who meet very specific standards that were not met in this case. However, contrary to existing law, the program creates a path for the program participants to apply from their country of origin and acquire a legal status to enter and stay in the United States for a maximum of two years, or even more.

Like the previous expansion of the parole system, this program was implemented “without engaging in the usual notice and comment regulatory process required by law,” argues Paxton, which is “another episode in which the administration abused its executive authority in support of its apparent goal for immigration policy: open borders and amnesty for all.

Paxton said Biden’s border policies are creating a humanitarian crisis and major problems for border states.

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“Every state in America, especially border states like Texas, is suffering from the impacts of illegal immigration,” he said. “Biden’s open borders agenda has created a humanitarian crisis that is increasing crime and violence on our streets, overwhelming local communities, and exacerbating the opioid crisis. This illegal amnesty program, which will invite hundreds of thousands of foreigners in the United States each year, will only dramatically worsen this immigration crisis.”

U complaint notes that the parole system can only be applied “on a case-by-case basis for urgent humanitarian reasons or significant public benefit”, not en masse as it has been used or is proposed.

“The parole program established by the department fails each of the three limiting factors of the law. It is not case by case, it is not for urgent humanitarian reasons, and it does not advance a significant public benefit. Instead, it is about the creating a new visa program that allows hundreds of thousands of aliens to enter the United States who would otherwise have no basis to do so. This ignores, rather than follows, the clear limits imposed by Congress,” the complaint says.

The lawsuit was filed in the United States District Court for the Southern District of Texas Victoria Division. The defendants include Mayorkas, U.S. Citizenship and Immigration Services Director Ur Jaddou, U.S. Customs and Border Protection Acting Commissioner Troy Miller, and the Director of Immigration and US Customs Enforcement, Tae Johnson, and their respective agencies.

The plaintiffs, along with Paxton, include the attorneys general of Alabama, Alaska, Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, South Carolina, Tennessee, Utah, West Virginia and Wyoming. .

Seven of them, including Paxton, joined Florida Attorney General Ashley Moody last year to call on Mayorkas resignation. Members of the Texas Congress have called for his impeachment, arguing that he is not voluntarily enforcing the laws set by Congress and has violated his oath of office.

RELATED: Texas border sheriff sends SOS: ‘Illegal aliens wreaking havoc in our communities’

Despite the dismissal of Mayorkas of his claims, and repeated claims that “the border is safe”, under his watch, the largest number of known. terrorists were arrested entering the United States illegally. National security experts have expressed fear over the number of suspected terrorists and criminals who have entered illegally who have not been caught.

Syndicated with permission from Central Square.

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