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Attorney General Ken Paxton Secures Temporary Stay Preventing Biden’s Unlawful “Parole in Place” Policy from Taking Effect While Litigation Continues

By: Office of TX Attorney General Ken Paxton
| Published 08/27/2024

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AUSTIN, TX -- Texas Attorney General Ken Paxton has secured a temporary administrative stay against the Biden-Harris Administration, blocking the unlawful “parole in place” policy while litigation continues.

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. This would allow certain classifications of illegal aliens to gain permanent residency status while remaining in the United States in violation of federal law.

Aliens unlawfully present in the United States are prohibited from obtaining most immigration benefits, such as permanent resident status, without first leaving the country and being admitted to re-enter and reside in the country lawfully. Instead of abiding by current federal law, Biden’s DHS announced that it would permit 1.3 million aliens, more than 200,000 of whom live in Texas, to ignore federal law and apply for permanent residency—an opportunity that is not legally available to those present in the country unlawfully.

The federal district court’s order granted a 14-day administrative stay that may be extended in the future. The court explained Texas’s claims that DHS may be violating federal statutory law are “substantial.” The court also set an expedited schedule for filing arguments and the trial.

“We have temporarily blocked Biden's unlawful new ‘parole in place’ program, which would have rewarded over 1 million illegal aliens with the opportunity for citizenship after breaking our country's laws—and incentivized countless more,” said Attorney General Paxton. “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law.”

To read the order, click here.

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