550,000 or more illegal aliens could receive amnesty under Biden-Harris admin’s executive order — states respond with lawsuit

The Biden-Harris administration's Department of Homeland Security recently announced the "Keeping Families Together" program, a mass amnesty process for at least 550,000 illegal aliens already residing in the United States.

The federal government claims that the new process demonstrates the Biden-Harris administration's "commitment to promoting family unity in the immigration system."

'Unlawfully creating a program that effectively provides a new pathway to citizenship.'

The program would allow some illegal aliens, including spouses and stepchildren of American citizens, to "request parole in place under existing statutory authority."

If granted parole in place, eligible illegal aliens will be allowed to remain in the U.S. while they request an adjustment of status.

According to a press release from the U.S. Customs and Immigration Services, the administration estimates that 500,000 illegal alien spouses and 50,000 illegal alien stepchildren of American citizens are eligible for the process.

Of the roughly half a million spouses of American citizens, on average, most have resided unlawfully in the U.S. 23 years, the department reported. To be eligible for the program, spouses must have lived in the country illegally since June 2014 and have been married to a citizen since June 2024.

Eligible stepchildren of American citizens must be under 21 years old and be unmarried. They must have been residing unlawfully in the U.S. since June 2024 and have an illegal alien parent who is married to a citizen.

Applicants cannot have a "disqualifying criminal history," which includes such offenses as murder, rape, crimes involving firearms or controlled substances, aggravated assault, child pornography or abuse, and domestic violence. Those convicted of other crimes can "overcome the presumption of ineligibility" by "demonstrating positive factors that can be considered in overcoming this presumption and showing that you warrant a favorable exercise of discretion."

Even illegal aliens currently facing removal proceedings may be eligible for the Biden-Harris administration's program.

"If you have a final unexecuted removal order, non-disqualifying criminal history, or other derogatory information in your case, you may provide additional documentation that you believe demonstrates your parole is warranted based on a significant public benefit or urgent humanitarian reasons, and that you merit a favorable exercise of discretion," USCIS said.

Critics have called the administration's executive order a mass amnesty program.

On Friday, a group of 16 Republican-led states filed a lawsuit in partnership with America First Legal against the federal government to stop the program. States attempting to block the effort include Texas, Idaho, Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming.

The lawsuit argues that the administration's claims that the process would impact roughly 550,000 illegal aliens is "likely a significant underestimate," stating that the number could be approximately 1.3 million.

The states claim the program circumvented Congress and would "irreparably harm" their communities.

The complaint accuses the administration of "unlawfully creating a program that effectively provides a new pathway to citizenship for more than a million illegal aliens," according to AFL.

"The coalition also seeks a temporary restraining order and preliminary injunction to stop the Biden-Harris Administration from proceeding with its plans to provide immediate executive amnesty," it added.

Texas Attorney General Ken Paxton said, "Biden's new parole workaround unilaterally grants the opportunity for citizenship to unvetted aliens whose first act on American soil was to break our laws. This violates the Constitution and actively worsens the illegal immigration disaster that is hurting Texas and our country."

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