20 States Sue Biden Over ‘Visa’ Scheme For 360,000 Migrants/Year

EL PASO, TEXAS - DECEMBER 22: Immigrants bundle up against the cold after spending the night outside along the U.S.-Mexico border fence on December 22, 2022 in El Paso, Texas. A spike in the number of migrants seeking asylum in the United States has challenged local, state and federal authorities. The numbers are expected to increase as the fate of the Title 42 authority to expel migrants remains in limbo pending a Supreme Court decision expected after Christmas.  (Photo by John Moore/Getty Images)

At a glance

  • A coalition of 20 Republican-led states are suing the Biden administration over its migrant program that allows a set monthly amount of migrants to enter the U.S. from select countries.
  • Texas, supported by 19 other states and America First Legal, filed the suit asserting that the Department of Homeland Security had effectively created a visa program without congressional approval “by announcing that it will permit up to 360,000 aliens annually from Cuba, Haiti, Nicaragua and Venezuela to be ‘paroled’ into the United States for two years or longer and with eligibility for employment authorization.”
  • The states cited congressional limits on the DHS’ parole authority, asserting that it can only issue parole on a case-by-case basis and that the agency lacked the authority to authorize the new program. Moreover, they state that DHS ignored the mandatory notice-and-comment rulemaking requirement outlined in the Administrative Procedure Act and that the plaintiff states would suffer irreparable harm should the policy go forward.
  • Since Biden took office, more than 4 million illegal migrants have entered the United States, with a record 2.4 million doing so in fiscal year 2022 alone.

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