Attorney General Ken Paxton Wins Major Victory, Blocking Biden-Harris Administration’s Unlawful “Parole in Place” Policy

AUSTIN – Attorney General Ken Paxton secured a final judgment permanently blocking the Biden-Harris Administration’s unlawful “parole in place” policy that would have provided a path to citizenship for over a million illegal aliens who have not satisfied the clear requirements set by Congress.

On August 23, Attorney General Paxton led a 16-state coalition along with co-counsel America First Legal to sue the U.S. Department of Homeland Security (“DHS”) over a new policy granting so-called “parole in place” to hundreds of thousands of illegal aliens that would allow them to gain permanent residency status—and eventual U.S. citizenship—while remaining in the United States.

Aliens unlawfully present in the United States, however, are prohibited from obtaining legal permanent resident status without first leaving the country and applying at an embassy or consulate in their home countries. Instead of following federal law, Biden’s DHS announced that it would permit 1.3 million aliens, more than 200,000 of whom live in Texas, to apply for permanent residency without returning first to their home countries. On August 27, Attorney General Paxton obtained a temporary stay while litigation continued and has now secured a final order permanently vacating the unlawful rule. The federal district court found that the Biden-Harris Administration lacked statutory authority to grant “parole in place” to illegal aliens and prohibited the federal government from enforcing the rule.

“Once again we have stopped the Biden-Harris Administration’s radical attempts to destroy America’s borders and undermine the rule of law,” said Attorney General Paxton. “This unlawful parole scheme would have rewarded more than 1 million illegal aliens with citizenship and incentivized millions more to break into our country. I look forward to the day when the federal government starts following the law again.”

Gene Hamilton, Executive Director of America First Legal, said: “Since day one, the Biden-Harris Administration has dedicated itself to the decimation of our immigration system and the erasure of our borders. Time and again, the States stood up. And today, the great State of Texas and the courageous Ken Paxton, alongside a coalition of other brave Attorneys General, succeeded in stopping an illegal program that would have provided amnesty to hundreds of thousands of illegal aliens and paved the path for the largest administrative amnesty in American history. We are proud to stand alongside these patriots in defense of our great nation.”

To read the opinion, click here.

To read the final judgment, click here.

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