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Over a dozen states sue Biden over noncitizen residency program


Migrants taken into custody at the Texas-Mexico border Associated Press/Photo by Eric Gay

Over a dozen states sue Biden over noncitizen residency program

Texas Attorney General Ken Paxton led a 16-state coalition in a lawsuit against the U.S. Department of Homeland Security on Friday. The suit challenges a policy recently enacted by the Biden administration that allows certain noncitizen immigrants who are married to citizens to apply for legal permanent residence without leaving the country. The order will ensure that U.S. citizens with noncitizen spouses and children can keep their families together, according to the White House.

What does the lawsuit address? Federal statutes bar illegal noncitizens from receiving permanent resident status without leaving the country first and being readmitted to reside lawfully, according to a statement from Paxton’s office. Biden’s program blatantly circumvents the Constitution, violates the law, and rewards illegal immigration, the statement read. The change would permit 1.3 million illegal aliens—more than 200,000 of whom live in Texas—to apply for permanent residency.

Biden’s workaround unilaterally grants the chance for citizenship to unvetted aliens whose first act on American soil was to break our laws, Paxton said in a statement. Friday’s complaint petitioned the court for an injunction to stop DHS from implementing the new policy while the litigation proceeds. States taking part in the lawsuit include Texas, Alabama, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming.

Dig deeper: Read Addie Offereins’ report on Biden announcing the policy and its potential effects.


Christina Grube

Christina Grube is a graduate of the World Journalism Institute.


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