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Red States Sue Biden Administration Over Spousal Citizenship Program

A Texas-led coalition of 16 Republican-led states have filed a new lawsuit against the Biden administration, with hopes of blocking Parole in Place, a program that grants resident status to spouses of U.S. citizens who are in the United States illegally, Courthouse News reports. In the lawsuit, filed Friday in the Eastern District of Texas, states claim they will suffer irreparable economic harm from Parole in Place. The state also accuse the Biden administration of exceeding its statutory authority, taking an arbitrary and capricious action, failing to provide sufficient time and notice for public comment on the program, and violating the take care clause of the U.S. Constitution, which requires the executive branch to “take care that the laws [passed by Congress] be faithfully executed.”


The case is the latest in the ongoing political fight over immigration that is set to be a key element of the presidential election in November. The Keeping Families Together program would allow certain noncitizen spouses and stepchildren of U.S. citizens who had entered the country illegally to stay in the United States and apply to become lawful permanent residents, using a process called Parole in Place. U.S. Citizenship and Immigration Services would examine each application on a case-by-case basis, and weigh them based on “urgent humanitarian or significant public benefit reasons” as well as strict eligibility requirements.



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