Federal Judge Questions Eligibility for Biden’s Immigration Policy Based on Poverty
HOUSTON — On Friday, a federal judge raised concerns about whether living in poverty could serve as sufficient qualification for a key immigration policy introduced by President Joe Biden. The policy allows a limited number of individuals from Cuba, Haiti, Nicaragua, and Venezuela to enter the United States on humanitarian grounds.
The program permits a monthly entrance of up to 30,000 individuals from the four aforementioned countries combined. However, the program is currently facing legal challenges from Texas and 20 other predominantly Republican-leaning states. These states argue that the program has essentially become a “shadow immigration system” that admits nearly everyone who applies.
During the trial in Victoria, Texas, U.S. District Judge Drew Tipton questioned whether living in poverty qualifies as an urgent humanitarian need. Elissa Fudim, a lawyer representing the U.S. Justice Department, contested that it likely does not. Meanwhile, Esther Sung, an attorney with the Justice Action Center, argued that Congress disapproves of allowing migrants in purely for economic reasons.
Lawyers representing Texas and the other states claim that parole is being granted en masse, disregarding the requirement for case-by-case evaluations mandated by law. In contrast, lawyers from the U.S. Justice Department and immigrant rights groups contend that individuals from these countries are not solely fleeing economic hardships but also oppressive regimes, escalating violence, and worsening political conditions that pose a threat to their lives.
Supporters of the program assert that it does not grant blanket approval to all applicants and that each case is reviewed separately. They refute claims that everyone is accepted, stating that some individuals who reached the final approval stage upon arrival in the U.S. have been rejected. However, no specific figures on the number of rejections were provided. Additionally, advocates argue that the program has helped alleviate the strain on resources and border agents along the U.S.-Mexico border.
Judge Tipton also challenged arguments put forth by Texas, which maintained that the state is incurring millions of dollars in healthcare and public education costs due to an influx of paroled migrants. In order to have standing in the case, Texas would need to demonstrate an economic loss. Tipton questioned how the state could assert financial losses when data shows that the parole program has actually reduced the number of migrants entering the U.S.
Tipton has not yet issued a ruling on the legality of the parole program, and a decision may be months away. However, he expressed uneasiness about issuing a temporary order halting the program nationwide, given that some states believe it has been beneficial for them.
The trial began on Thursday, with only one witness testifying – an American sponsoring a migrant from Nicaragua who is now residing in the U.S. due to the program. Most of the trial consisted of closing arguments and questions posed to the lawyers by Judge Tipton.
Since its inception, the program has authorized more than 72,000 Haitians, 63,000 Venezuelans, 41,000 Cubans, and 34,000 Nicaraguans to come to the U.S. through the parole program, as of the end of July. The lawsuit does not contest the use of humanitarian parole for tens of thousands of Ukrainians who arrived following Russia’s invasion.
The parole program was initially launched for Venezuelans in the fall of 2022 and was later expanded in January. Participants must apply online, present themselves at an airport, and have a sponsor. If approved, they are granted a two-year stay and work permit.
In addition to this particular immigration policy, the Biden administration has encountered legal challenges for other programs aimed at curbing illegal immigration. Judge Tipton, who was appointed by former President Donald Trump, has previously ruled against the Biden administration regarding deportation priority.
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