On January 24, 2023, Texas and 19 other states filed this lawsuit to challenge a process the Biden Administration established to permit nationals of specified countries to apply for and receive a two-year period of “parole”--a statutorily authorized form of temporary permission for a non-citizen to live in the United States. The Biden Administration created the first such process in April 2022, for Ukrainians; to date, no red state has challenged that process. In October 2022, DHS created a similar process for Venezuelans; then on January 5, 2023, that process was expanded to include nationals of Cuba, Haiti, and Nicaragua. The parole processes for these four countries are part of a package of “border security measures”–including new restrictions on access to asylum–that are intended to deter migrants from coming to the U.S. border with Mexico to apply for asylum.
In the complaint, Texas alleges that the Biden Administration’s creation of the parole process for Cubans, Haitians, Nicaraguans, and Venezuelans did not go through required procedures and that it constitutes an unauthorized use of the statutory parole authority.
Texas filed this case in the Victoria Division of the Southern District of Texas, because there it had a 100% chance of it being assigned to Judge Drew Tipton (for more on why, see the third question in our FAQs).
Texas’s Complaint alleges that the parole program was created in violation of the APA’s notice-and-comment requirement and its prohibition on arbitrary and capricious agency action; and that the program exceeds the statutory parole authority.