The Attorney General of Texas, Ken Paxton, along with a coalition of 14 other Republican-led states, has filed a lawsuit against the Department of Homeland Security and other officials in the Biden administration. The legal action targets newly introduced changes to immigration policy, which, Paxton argues, undermine national security and the rule of law.
According to Paxton, “under Joe Biden and Kamala Harris, the federal government is actively working to turn the United States into a nation without borders and a country without laws,” a statement he made on the Texas Attorney General’s website. The lawsuit is also supported by the advocacy group American First Legal (AFL), which stated that these changes exacerbate what it calls “the greatest immigration crisis in history,” as noted on the AFL’s website.
The legal challenge focuses on recent executive orders that offer new pathways for certain undocumented immigrants to remain in the United States. Specifically, one program allows undocumented spouses of American citizens to stay in the U.S. while their application for lawful residence is processed. Another program permits Deferred Action for Childhood Arrivals (DACA) recipients, who have graduated from U.S. colleges, to remain in the country and apply for work visas without the risk of deportation.
These recent changes come after President Biden faced criticism from liberal groups for an executive order that bars migrants crossing unlawfully from receiving asylum. This policy was criticized by organizations like Amnesty International, who stated that it sets a “dangerous international precedent” and limits the number of asylum seekers significantly.
Following the controversial asylum order, Biden introduced another executive order aimed at “keeping families together,” which has now become a focal point of the current lawsuit. This program allows undocumented immigrants married to American citizens to stay while their applications for lawful residence are processed, provided they have lived in the U.S. for a decade or more.
It’s noteworthy that this legal action arises in a complex landscape for immigration policy. The DACA program, originally instituted by President Obama in 2012, was found illegal by a Texas district court in 2023. Consequently, although the program continues for existing recipients, it no longer accepts new applications. Current DACA recipients, who are now eligible to apply for work visas, highlight the broader stakes of the current legal and political debates over immigration policy in the United States.
For further details, please refer to the original article on JURIST’s website.