16 Red States File Lawsuit Challenging Biden “Parole in Place” Program for Undocumented Immigrant Spouses of US Citizens

The Biden Administration’s parole in place program for undocumented immigrant spouses of US citizens has been met with a lawsuit from 16 GOP-controlled states, led by Texas. The program allows eligible individuals to apply for parole status, granting them work permits and the opportunity to apply for permanent residency. The legality of the program is being challenged, but arguments in support of its legality include the president’s authority to grant parole for urgent humanitarian reasons or significant public benefit. The program is seen as a way to keep families intact and provide benefits to the larger community. Despite challenges to the program, it is argued that the president is not violating the Take Care Clause of the Constitution by implementing it, as he is exercising authority granted by Congress. The program has similarities to parole programs for spouses of US military servicemembers, which have been in place since 2007. Various legal arguments are being raised by the plaintiff states, but the ultimate outcome of the lawsuit remains uncertain. I have doubts about the success of any arguments if the federal government’s interpretation of the parole statute is correct. Like the CNVH case, this case also presents standing issues that could lead to its dismissal. States should have broad standing to challenge federal policies, even if they should be upheld on the merits. However, recent court decisions have taken a narrower view of state standing, which could impact the outcome of this case. The resolution of this issue may take several months, with potential appeals to higher courts. If Trump wins the election, he is likely to revoke the policy, bringing a quick resolution but perpetuating a grave injustice. Despite the legal complexities, the moral implications of this policy are deeply troubling, especially considering the stance on “family values” held by conservative state governments.

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