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TX Heads Up 16-State Legal Challenge to Key Biden Immigration Policy

 August 25, 2024

In a significant legal challenge, sixteen Republican attorneys general have filed a lawsuit against the Biden administration, targeting a recently implemented immigration program.

The Biden program in question aims to provide a streamlined path to permanent residency and eventual citizenship for undocumented spouses of U.S. citizens, a move that the plaintiffs argue is unconstitutional and financially detrimental to their states, as Axios reports.

The lawsuit, led by Texas Attorney General Ken Paxton, asserts that the program "rewards illegal immigration" and undermines existing immigration laws. The legal action was filed on Friday, days after the application process for the program officially opened.

The program, which was announced in June, is designed to assist undocumented individuals who have been in the United States for at least ten years prior to June 17 and who are legally married to U.S. citizens. Additionally, the program extends to stepchildren of U.S. citizens who lack legal status.

Texas Leads Legal Effort Against Federal Program

Texas Attorney General Ken Paxton spearheaded the lawsuit, which calls for a federal court in Texas to halt the Department of Homeland Security (DHS) from implementing the policy until the case can be heard in court.

Paxton, known for his frequent legal battles with the Biden administration, has framed the program as a violation of the Constitution, stating that it incentivizes illegal immigration and imposes unnecessary financial burdens on the states involved.

The lawsuit has garnered the support of attorneys general from fifteen other states, including Alabama, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming. Together, they argue that the program's facilitation of green card applications for undocumented spouses and stepchildren of U.S. citizens will result in significant costs to state resources.

The plaintiffs are seeking an immediate injunction to prevent the DHS from proceeding with the program while the case is litigated. They contend that allowing the program to continue would cause "quantifiable financial harm" to their states, though specific figures have not been disclosed.

Program Details and Impact on Immigrants

The immigration program at the center of the lawsuit was announced by the Biden administration in June, with the application process beginning just this past Monday.

The initiative is aimed at providing a safer and more predictable path to legal residency for a specific group of undocumented individuals -- those who have been in the country for over a decade and are married to U.S. citizens. The program also allows stepchildren under the age of 21 who lack legal status to apply for green cards.

One of the key features of the program is the reduction of risks typically associated with the green card application process. By simplifying the procedures and offering a clear pathway to legal status, the administration hopes to assist approximately 500,000 undocumented spouses and around 50,000 stepchildren in securing legal work and residency rights in the United States.

Proponents of the program argue that it provides much-needed relief for families who have long lived in the shadows, fearing deportation despite their ties to U.S. citizens. They also highlight the economic contributions of undocumented individuals who would be able to work legally and pay taxes once they receive their green cards.

Legal and Financial Implications for States

However, the attorneys general involved in the lawsuit see the program in a very different light. They argue that the program not only contravenes federal immigration laws but also places an undue financial burden on state resources. According to the lawsuit, the costs associated with healthcare, education, and other public services for newly legalized residents would fall disproportionately on the states, many of which are already grappling with budgetary constraints.

Paxton has been particularly vocal about these concerns, stating that the program's provisions will "cause quantifiable financial harm" to the states. The lawsuit does not specify exact figures, but the plaintiffs insist that the financial impact will be substantial.

The legal battle is expected to be closely watched, not only for its potential impact on the Biden administration's immigration policies but also for its broader implications for states' rights and the balance of power between federal and state governments. As the case moves forward, it will likely become a focal point in the ongoing national debate over immigration reform.

Conclusion

The lawsuit filed by sixteen Republican attorneys general against the Biden administration marks a significant challenge to a new immigration program aimed at providing a pathway to legal residency for undocumented spouses and stepchildren of U.S. citizens.

Led by Texas Attorney General Ken Paxton, the legal action seeks to block the program, citing concerns over its constitutionality and potential financial harm to the states involved.

As the case progresses, it will likely play a key role in shaping the future of immigration policy in the United States.