January 26, 2023
This week, Utah Attorney General Sean D. Reyes joined a 20-state coalition that is suing the Biden Administration over a new Department of Homeland Security (“DHS”) program that unlawfully creates a de facto pathway to citizenship for hundreds of thousands of aliens.
The DHS program would effectively establish a new visa system that would allow for up to 360,000 aliens from Cuba, Haiti, Nicaragua and Venezuela to be “paroled” into the United States every year. But Congress has authorized parole only for foreign aliens who meet very specific standards that have not been met in this instance. Yet, contrary to existing law, the program creates a pathway for program participants to apply from their home country and gain lawful status to enter and stay in the U.S. for up to two years, or even longer.
The Biden Administration also instituted this program without engaging in the usual notice and comment rulemaking process required by law. This constitutes yet another episode in which the Administration has abused its executive authority in furtherance of its disastrous immigration policy.
Statement from the Office of the Attorney General:
“Utah is not suing the Administration because we are anti-immigrant. We want as many people of good will from other nations to come legally and enjoy the liberties and opportunities my own father was blessed to have when he came to this country. But only Congress has the legal power to change the requirements of the DHS parole statutes.
DHS parole statutes have been in place and working for decades through both Democrat and Republican Administrations. The new Biden approach severely relaxes those qualification requirements, ignoring the law and creating further security vulnerabilities.
President Biden claims it is necessary to bypass the law to alleviate the humanitarian challenges at our southern border. We can think of many other actions that are legally sound and would truly assist those suffering at the border and being victimized by cartels and traffickers.
Utah is not immune from the impact of increased illegal immigration. The Biden Administration’s open-borders agenda has caused many problems, including a humanitarian crisis, along with rising crime and violence in many cities. This change in policy does nothing to address these issues. Instead, it unlawfully creates a visa program in violation of federal law.”
To read the full lawsuit, click here.