A judge has thrown out a lawsuit in Texas challenging Biden’s policy of early release of migrants of certain nationalities

A judge has thrown out a lawsuit in Texas challenging Biden’s policy of early release of migrants of certain nationalities

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Groups of migrants of various nationalities arrive at the Rio Grande to cross it and surrender to US authorities on February 19, 2024.



CNN

A federal judge in a surprise ruling dismissed a lawsuit in Texas challenging a Biden administration policy that allows migrants of certain nationalities to fly to the United States if they have American sponsors.

The case focuses on a parole program that allows migrants from Cuba, Haiti, Nicaragua and Venezuela to apply to come to the U.S. and, if approved, live in the country temporarily. The policy allows up to 30,000 migrants from these four countries to come to the US each month, and since its launch more than a year ago, more than 386,000 people from these nationalities have arrived in the US.

Officials cited the policy of restricting border crossing of these nationalities by ensuring legal passage into the country. But Republicans have denounced the Biden administration’s use of parole, saying officials are using the power too broadly, as they have stepped up their attacks on President Joe Biden’s broader immigration agenda in recent months.

U.S. District Judge Drew B. Tipton, who was appointed by former President Donald Trump, on Friday rejected a challenge filed early last year by Texas, along with other Republican-led states, that they failed to establish how they were injured from the program.

The states argued that the Biden administration did not go through a notice-and-comment rulemaking process before implementing the rule and that the policy exceeded the administration’s authority.

Texas also argued that the program would result in “significant financial costs” to the state because it would have to provide services such as “driver’s licenses, health care, education, and law enforcement and correctional services.”

But Tipton, who did not consider the merits of the case in his dismissal, said Texas had not proven it had standing to bring the suit. The parole program “has actually reduced (Texas’) out-of-pocket costs,” he wrote, noting that illegal entries into the U.S. by migrants from all four countries have declined since its implementation.

CNN has reached out to the Texas Attorney General’s office for comment.

The White House said it welcomed the decision and reiterated its call for Congress to pass the stalled border security deal.

“The Biden-Harris administration remains committed to expanding legal pathways to the United States while facing consequences for those who do not take advantage of these processes and do not have a legal basis to remain in the United States,” a White House spokesman said in a statement.

Supporters of the policy celebrated the dismissal on Friday.

“Today’s ruling is a victory for the 1.5 million people who took advantage of the opportunity to sponsor loved ones under this program,” said Monica Langaritsa, a senior attorney at the UCLA School of Law Center for Immigration Law and Policy, who was among those who argued the case to help the administration.

She added that the ruling was a “critical rejection of Texas’ attempt to hold immigration policy hostage to the entire country.”

Texas state officials have filed a number of lawsuits against the Biden administration as they clash over immigration and the management of the US-Mexico border.

Tipton ruled in favor of Texas and Mississippi in a separate lawsuit Friday, blocking the Biden administration from using funding set aside by Congress for a border wall for other border-related purposes. The preliminary injunction is suspended for seven days to allow time for an appeal.

This story has been updated with additional information.

CNN’s Tierney Sneed contributed to this report.

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