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Biden taken to court by red states over immigration policies

 August 25, 2023

In a noteworthy recent development, President Joe Biden's administration is being taken to court by 22 Republican-led states over a key immigration policy. This policy allows up to 30,000 migrants from South America and the Caribbean to enter the U.S. every month. The legal proceedings, spearheaded by Texas and 21 other GOP-led states, are set to commence in a federal court near Houston, as Fox News reported.

Details of contested immigration policy

The states are contesting what is widely referred to Biden's humanitarian parole program.

This program permits residents of countries like Cuba, Haiti, Nicaragua, and Venezuela to apply for a two-year work stay in the U.S.

Texas, among other states, contends that this program is an overreach by the administration. Officials there believe it unlawfully burdens state resources.

Moreover, these states argue that the federal government is misusing its statutory parole authority.

This authority, it is argued, should be employed "only on a case-by-case basis for urgent humanitarian reasons or significant public benefit."

Overview of the upcoming legal proceedings

U.S. District Judge Drew Tipton, appointed by former President Donald Trump, will oversee the trial. The federal government's attempt to transfer the case from Tipton's court was unsuccessful. .

The Biden administration first launched the controversial program in late 2022.

Initially, it was exclusive to Venezuelans. However, it was soon extended to include other nations.

Since its inception, the program has granted U.S. access to 72,000 Haitians, 63,000 Venezuelans, 41,000 Cubans, and 34,000 Nicaraguans.

Justice Department attorneys, representing the federal government, assert that the program has been instrumental in "reducing migration to the southwest border."

Key requirements and criteria of the program

For migrants to benefit from this program, they must undergo a thorough vetting process.

Additionally, they need to confirm that they have a financial sponsor in the U.S.

Once approved, these migrants can stay in the U.S. for a maximum of two years. They are also eligible to obtain a work permit.

Republicans, both at the federal and state levels, have criticized the administration's approach to the border crisis.

They attribute the ongoing influx of migrants seeking U.S. entry to the administration's reversal of Trump-era border security measures.

Republican candidates' stance on border control

Republican candidates for the 2024 elections are rallying around stricter policies.

These include resuming wall construction and restoring the Migrant Protection Protocols.

They are also advocating for intensified efforts to curb human smuggling. Some Republicans have even proposed halting the Department of Homeland Security's funding until the border is secured.

The administration's defense and program mechanics

The Biden administration defends its use of the humanitarian parole program.

Officials credit it for significantly reducing illegal border crossings from the four mentioned countries.

To qualify, applicants must clear background checks and have a U.S. financial sponsor vouching for them.

Approved entrants must arrive via a U.S. airport, not the southern border, and can stay for up to two years with a work permit, they reiterate, but that has not been enough to quash substantial opposition.


  • The contested policy allows up to 30,000 migrants from specific countries to enter the U.S. monthly.
  • Texas and 21 other states are challenging this policy in court.
  • The states argue that the policy is an overreach and places undue strain on their resources.
  • Since the policy's introduction, a significant number of migrants from Haiti, Venezuela, Cuba, and Nicaragua have gained access to the U.S.
  • Republicans are calling for stricter border control measures and have criticized the Biden administration's handling of the border crisis.