A lawsuit filed by Texas and other Republican-led states against a Biden administration program that has allowed over 200,000 migrants from Latin America and Haiti to enter the U.S. with American sponsors is set to undergo a key legal test this week. U.S. District Judge Drew Tipton will preside over a bench trial to determine the legality of the migrant sponsorship policy, which permits monthly entries and work permit applications for up to 30,000 individuals from Cuba, Haiti, Nicaragua, and Venezuela. The outcome of the lawsuit will have significant implications for the Biden administration’s border management strategy, which combines programs for legal entry with stricter rules for illegal crossings.
According to internal government data obtained by CBS News, as of August 22nd, over 200,000 migrants have been processed under the sponsor initiative, allowing them to reside and work in the U.S. legally for two years through the parole-based immigration law. The beneficiaries of the program include 67,926 Haitians, 58,918 Venezuelans, 43,149 Cubans, and 30,736 Nicaraguans. While the Biden administration is likely to appeal an unfavorable ruling to the appeals court or Supreme Court, it anticipates that Judge Tipton, who was appointed by former President Donald Trump, will block the program. Tipton has previously invalidated other immigration policies proposed by the Biden administration at the request of Republican state officials.
The migrant sponsorship program was first established in October 2022 to address the increasing number of arrivals from Venezuela at the U.S. southern border by allowing Venezuelans with American sponsors to fly directly to the U.S. and threatening expulsion for those who illegally entered the country, with a subsequent expansion in January to include migrants from Cuba, Haiti, and Nicaragua. The program has been successful in reducing illegal crossings from these four countries. However, the Biden administration has warned that if the program is shut down, Mexico will likely cease accepting voluntary returns of migrants from these nationalities since the incentive for legal entry would be eliminated.
Texas and 20 other Republican-led states have filed a lawsuit against the sponsorship program, alleging that it abuses parole authority and exceeds the limits set by Congress for legal immigration levels. The states argue that the Biden administration has utilized parole too broadly and created a parallel system for visa-free immigration with high-risk populations. Texas claims financial harm, citing expenses related to driver licenses, social services, and public education for migrant children as grounds for legal standing. Another program that allows Ukrainians with U.S. sponsors to enter the country is based on the same parole authority but has not been challenged by the Republican-led states.
The Biden administration has defended the legality of the program, highlighting the historical use of parole authority by both Republican and Democratic administrations to admit migrants and refugees for significant public benefits and urgent humanitarian causes. The administration emphasizes that it reviews each application on a case-by-case basis, despite the large-scale nature of the initiative. The program provides a safe haven for migrants fleeing repressive governments, political instability, violence, and extreme poverty in their home countries, aligning with the urgent humanitarian cause. The administration also argues that halting the program would undermine Texas’ goal of reducing illegal immigration, potentially resulting in a surge in border migration.
The lawsuit’s ruling will directly impact the lives of hundreds of thousands of migrants and their American sponsors. The program has garnered significant interest, with 1.5 million prospective sponsors in the U.S. having applied to participate. One such sponsor, Francis Arauz of California, expressed gratitude for the program, which allowed her husband from Nicaragua to join her in the U.S. sooner than if they had waited for the processing of an immigrant visa. Arauz cited the importance of having her family together and expressed relief as her husband would be able to alleviate financial pressures once he receives a work permit.
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