Texas Attorney General Ken Paxton has filed a lawsuit against the U.S. Department of Homeland Security (DHS), Secretary Alejandro Mayorkas, and other Biden Administration officials, challenging a new DHS rule that grants “parole in place” to hundreds of thousands of illegal immigrants.
The policy, which is supported by a coalition of 16 states and America First Legal, would allow certain categories of illegal aliens to apply for permanent residency while remaining in the U.S., a move Paxton argues violates federal law.
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Federal law typically requires illegal immigrants to leave the country before applying for immigration benefits, including permanent residency.
However, under the new rule, DHS plans to permit 1.3 million illegal aliens—over 200,000 of whom reside in Texas—to bypass this process and seek permanent residency from within the United States. Paxton claims this policy undermines the Constitution and Congress’ limitations on the government’s parole authority, which is intended to be used on a “case-by-case” basis.
The lawsuit calls for the court to issue an injunction to prevent DHS from implementing the new policy until a full trial can be held.
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“Under Joe Biden and Kamala Harris, the federal government is actively working to turn the United States into a nation without borders and a country without laws. I will not let this happen,” Paxton stated. “Biden’s new parole workaround unilaterally grants the opportunity for citizenship to unvetted aliens whose first act on American soil was to break our laws. This violates the Constitution and actively worsens the illegal immigration disaster that is hurting Texas and our country.”
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Stephen Miller, President of America First Legal and co-counsel in the lawsuit, added, “This executive amnesty gives over one million illegals legal status, work permits, and a path to voting citizenship. It is brazenly unlawful, a deadly accelerant to the ruinous border invasion, and we will use every lawful tool to stop it.”
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