![Texas leads suit against Biden administration over policies supporting undocumented immigrants](https://www.jurist.org/news/wp-content/uploads/sites/4/2022/04/President_Biden_at_Camp_David_February_12_2022.jpg)
The Attorney General of Texas and a coalition of 14 other Republican-led states filed a lawsuit on Friday against the Department of Homeland Security and various officials of the Biden administration regarding recently introduced changes to immigration policy.
Texas Attorney General Ken Paxton said that “under Joe Biden and Kamala Harris, the federal government is actively working to turn the United States into a nation without borders and a country without laws” and that he “will not let this happen.”
American First Legal (AFL) joined Paxton in filing the suit and stated that the “implementation of this blatantly illegal program will only further fuel the greatest immigration crisis in history” and that it is “yet another lawless Biden-Harris plot to destroy the United States from the interior.”
The first change to the immigration policy was a new program that allows undocumented spouses of American citizens to remain in the US while their application for lawful residence is processed. The second change was a program that allows Deferred Action for Childhood Arrivals (DACA) recipients or undocumented immigrants who have graduated from a US college to remain in the country and apply for a work visa. Previously, if any of these individuals applied for lawful residence, they would be deported to their country of origin and would have to stay away from their homes while their applications were processed. However, the new programs avoid this consequence.
Biden recently faced much criticism from liberal groups over his executive order that would “bar migrants who cross our Southern border unlawfully from receiving asylum” as a security measure. Amnesty International stated that “President Biden’s action sets a dangerous international precedent as a first-of-its-kind numerical cap on asylum, limiting the number of people who can claim asylum in the U.S. and effectively shutting down the U.S.-Mexico border.”
Following the order in June, Biden introduced a separate executive order with a significant impact on the country’s immigration policy. This policy, aimed at “keeping families together,” allows immigrants who came to the US illegally to reside in America while their applications for lawful residence get processed if their spouse is an American citizen. In the past, these immigrants would be deported to their country of origin while their application was processed, and could only return if it was successful. This program applies only to people who have a spouse who is an American citizen and have lived in America for a decade or longer.
Before this program, one of the most important policies supporting immigrants was DACA, which was introduced in 2012 by then-President Barack Obama. DACA was aimed at protecting young undocumented immigrants from getting deported. However, in 2023, this program was found illegal by a district court in Texas. As a consequence, the program is no longer accepting new applications. However, those who had already been accepted to this program will retain their status. Those who retain the status, and who have graduated from a college in the US, can now apply for work visas without the fear of deportation.