Judge rejects Republican-led challenge to Biden migrant parole program

In disappointing news for those working to stem the flow of illegal migrants into the United States, a federal judge on Friday rejected a Republican-led challenge to a Biden administration program that provides emergency entry to substantial numbers of arrivals from Cuba, Haiti, Nicaragua, and Venezuela, as Reuters reports.

The decision from U.S. District Judge Drew Tipton came during the same week in which -- in a different case -- he found in favor of Texas officials who sought to prevent the administration from diverting funds already earmarked for border wall construction.

In the case at issue, however, Tipton found that the 21 GOP-led states who brought suit against the parole program lacked the necessary legal standing to bring the case.

The judge held that the state officials, spearheaded by leaders from Texas, did not demonstrate that the contested program caused them specific and tangible harm.

Launched in 2022, the program at issue as resulted in the admission of approximately 357,000 migrants since January of this year, according to the Associated Press.

The total number of arrivals includes and estimated 138,000 Haitians, 74,000 Cubans, 86,000 Venezuelans, and 58,000 Nicaraguans.

To gain admission to the country via this particular program, individuals are required to apply online, present themselves at an airport, and find a financial sponsor within the U.S.

Those who receive approval may then remain in the country for a period of two years and are given work permits.

In arguing against the program's legality, the Republican-led states stated that the federal government's power to grant parole is “exceptionally limited” and should be done not in blanket fashion, but on a case-by-case basis.

They also contended that they faced irreparable harm as a result of the increased costs borne by states as a result of so many arrivals, including those related to policing, educational services, healthcare, and more.

Tipton, however, was unconvinced, saying that the states did not succeed in making any demonstration of such rising expenses and declaring, “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,” further stating that the number of arrivals from certain of the countries at issue had actually decreased, as the Washington Examiner noted.

The administration was, unsurprisingly, pleased with the outcome, with Department of Homeland Security Secretary Alejandro Mayorkas calling the program “a key element of our efforts to address the unprecedented level of migration throughout our hemisphere.”

Though Reuters reached out for comment from Texas Attorney General Ken Paxton, a driving force behind the case against the administration, none was forthcoming at the time of publication.

An appeal of Tipton's ruling is expected, however, and it remains to be seen whether it will ultimately prove successful.