A federal judge dismissed a lawsuit, filed by Texas along with 20 other Republican states, on Friday against the Biden administration’s immigration-parole program that allows up to 30,000 immigrants per month from Cuba, Haiti, Nicaragua, and Venezuela to legally enter the U.S.
U.S. district judge Drew Tipton, appointed by former president Donald Trump, ruled that Texas attorney general Ken Paxton, who led the multistate lawsuit, has “not proven that Texas has suffered an injury and therefore do not have standing to maintain this suit.” In the past, the judge had ruled against the Biden administration in immigration-related cases brought forward by Texas.
Tipton clarified that he didn’t decide whether the program was illegal or not — only that Texas does not have standing in the suit because it failed to prove that the policy caused any injury.
“The court has before it a case in which Plaintiffs claim that they have been injured by a program that has actually lowered their out-of-pocket costs,” he wrote in his opinion.
Paxton filed the lawsuit in January 2023, arguing that the parole policy harmed the state because immigrants participating in the program increased the costs of public services such as health care and public education. The plaintiffs also claimed it was illegal and beyond the federal government’s authority to use parole.
The program, which began in fall 2022, had admitted more than 357,000 people from Cuba, Haiti, Nicaragua, and Venezuela as of this January, the Associated Press reported. Thousands of people from the four countries took advantage of the program, with 138,000 Haitians, 86,000 Venezuelans, 74,000 Cubans, and 58,000 Nicaraguans being granted parole.
In his ruling, Tipton noted that the total number of immigrants approved under the program dramatically decreased by 44 percent since it was implemented more than a year ago.
In order to be approved, people must apply from their home countries, pass a background check, and prove they have a sponsor in the U.S. If approved, they are allowed to stay in the country for up to two years and obtain a work permit. Once in the U.S., they can request asylum or return to their homes after the two years are up.
Texas will likely appeal the ruling. In the meantime, the White House defended the judge’s opinion.
“The district court’s decision is based on the success of this program, which has expanded lawful pathways for nationals from Cuba, Haiti, Nicaragua, and Venezuela who have a sponsor in this country and pass our rigorous vetting process, while dramatically decreasing the number of nationals from those countries crossing our Southwest Border,” a White House spokesperson said.