Parole in Place

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.

Opinion: https://www.texasattorneygeneral.gov/sites/default/files/images/press/Parole%20in%20Place%20Rule%20Opinion.pdf

Final Judgement: https://www.texasattorneygeneral.gov/sites/default/files/images/press/Parole%20in%20Place%20Rule%20Final%20Judgment.pdf