Biden-Harris Administration Attempts to Grant Work Authorization to More Illegal Aliens

DHS has announced a new parole in place ("PIP") program that would allow as many as 1,300,000 aliens who have been unlawfully present in the United States for ten or more years to receive a grant of "parole"-without leaving the United States and attempting to come back and apply for admission at a port of entry-if the alien is the spouse or stepchild of a U.S. citizen. See Implementation of Keeping Families Together, 89 Fed. Reg. 67,461 (Aug. 20, 2024). In addition, those who qualify would receive work authorization.

Sixteen states challenged this controversial action by filing a lawsuit against the federal government. State of Texas, et al. v. United States Department of Homeland Security, et al., No. 6:24-cv-00306 (E.D. Tex. Aug. 23, 2024). Texas and the other States seek an injunction to prevent implementation of the PIP program. Texas and the other States contend that longstanding federal law prohibits aliens who entered the United States unlawfully from obtaining most immigration benefits. This includes obtaining lawful permanent resident status-without first leaving the United States and waiting outside the United States for the requisite time-based on an approved family-based or employment-based visa petition. Further, because the parole power may only be exercised to allow an alien to come "into" the United States, it may not be lawfully exercised for aliens already present in the country.

If Texas and the other States obtain the injunction that they seek, implementation of the PIP program should be delayed if not permanently abandoned. If the injunction is denied, employers in the near future may find a new group of potential workers or an existing pool of employees who want to correct their employment records with new names and Social Security numbers.

The court has issued a temporary administrative stay of the PIP program while it considers whether to grant an injunction.

This article is part of our October 2024 Newsletter. 

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