Dec 21, 2024

Texas and Republican-Led States Sue Biden Administration Over New Immigration Program

by LC Staff Writer | Aug 23, 2024
Silhouette of a family holding hands in front of an American flag. Photo Source: Adobe Stock Images by kieferpix

Several GOP-led states, including Texas, have filed a lawsuit against a federal program designed to provide a pathway to citizenship for nearly half a million immigrants who are married to U.S. citizens. The states argue that the program oversteps executive authority and could lead to significant changes in the immigration system. The lawsuit, filed on Friday, claims that the program, known as "Keeping Families Together," exceeds the administration’s authority and bypasses the intent of existing U.S. immigration laws.

The Keeping Families Together initiative, which began accepting applications on Monday, aims to provide a path to citizenship for an estimated 500,000 immigrant spouses who entered the U.S. without legal status but have lived in the country for at least ten years. The program also offers temporary "parole" status to approximately 50,000 children under the age of 21 who have a U.S.-citizen parent, creating a potential pathway to citizenship for them as well.

The program was introduced as a means to prevent families from being separated due to immigration status. Without this program, many immigrant spouses would be required to leave the U.S. and face lengthy bans before being allowed to return legally, potentially causing significant hardship for mixed-status families.

The lawsuit argues that the Biden administration's program unlawfully grants relief to individuals who do not have legal status, circumventing established immigration laws. The plaintiffs, which include Texas and 15 other states with Republican attorneys general, contend that the program oversteps the executive branch's authority and conflicts with the legislative intent of U.S. immigration laws.

Stephen Miller, a key advisor during former President Donald Trump's administration and a driving force behind his restrictive immigration policies, serves as co-counsel in the lawsuit through America First Legal, an organization he leads. In a statement, Miller described the Keeping Families Together program as "brazenly unlawful," arguing that it undermines the rule of law and rewards those who have violated U.S. immigration laws.

The lawsuit comes as illegal immigration continues to be a central issue in the upcoming November 5 presidential election. Former President Donald Trump, who has made immigration enforcement a cornerstone of his political platform, will be facing off against Democratic candidate Vice President Kamala Harris. The outcome of this legal battle could have significant implications for the election, particularly in shaping the debate over immigration policy.

Texas, a state that has frequently clashed with the Biden administration on immigration and border issues, is leading the charge in this legal challenge. In July, a federal appeals court allowed Texas to maintain a large floating barrier in the Rio Grande River, designed to deter migrants from crossing the border illegally from Mexico. This ongoing tension between Texas and the federal government underscores the deep divisions over immigration policy in the U.S.

In response to the lawsuit, White House spokesperson Angelo Fernandez Hernandez criticized the legal action, stating that it seeks to separate families and runs counter to the values of the United States. The Biden administration has defended the Keeping Families Together program as a necessary measure to protect families and provide a humane approach to immigration enforcement.

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LC Staff Writer
LC Staff Writer
Law Commentary’s Staff Writers are dedicated legal professionals and journalists who excel at making complex legal topics accessible and relatable. They are committed to providing clear, accurate commentary that helps readers understand the impact of legal news on their daily lives.

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