Judge tosses Texas lawsuit challenging Biden parole policy for migrants of certain nationalities

By Priscilla Alvarez and Kaanita Iyer, CNN

(CNN) — A federal judge in a surprising ruling has dismissed a Texas lawsuit against a Biden administration policy that allows migrants of certain nationalities to fly to the United States if they have US sponsors.

The lawsuit focused on a parole program that permits migrants from Cuba, Haiti, Nicaragua and Venezuela to apply to come to the US and, if approved, temporarily live in the country. The policy allows up to 30,000 migrants from those four countries to come to the US each month, and since its launch more than a year ago, over 386,000 people of those nationalities have arrived in the US.

Officials have cited the policy for driving down border crossings of those nationalities by providing a legal pathway to the country. Republicans, however, have slammed the Biden administration’s use of parole, arguing that officials are using the authority too broadly as they’ve ramped up their attacks in recent months on President Joe Biden’s broader immigration agenda.

US District Judge Drew B. Tipton, who was appointed by former President Donald Trump, on Friday rejected the challenge filed early last year by Texas, along with other Republican-led states, for failing to establish how they were hurt by the program.

The states argued that the Biden administration didn’t go through a notice and comment rulemaking process before instituting the rule and that the policy exceeds the administration’s authority.

Texas further argued that the program would incur “significant financial costs” for the state as it would have to provide services such as “driver licenses, healthcare, education, as well as enforcement and correctional services.”

But Tipton, who did not consider the merits of the case in his dismissal, said that Texas had not shown that it had standing to bring the suit. The parole program “has actually lowered (Texas’) out-of-pocket costs,” he wrote, noting that illegal entries into the US by migrants from the four countries have decreased following its implementation.

CNN has reached out to the Texas attorney general’s office for comment.

The White House said that it welcomes the ruling and reiterated its call for Congress to pass the stalled border security deal.

“The Biden-Harris Administration remains committed to expanding lawful pathways to the United States, while delivering consequences to those who do not avail themselves of these processes and have no legal basis to remain in the United States,” a White House spokesperson said in a statement.

Supporters of the policy celebrated the dismissal Friday.

“Today’s decision is a victory for the 1.5 million people who have jumped at the opportunity to sponsor loved ones under this program,” said Monika Langarica, senior staff attorney at the Center for Immigration Law and Policy at UCLA School of Law, which was among the intervenors in the case in support of the administration.

She added that the ruling is “a critical repudiation of Texas’s attempt to hold immigration policy hostage for the entire country.”

Texas state officials have filed a number of legal challenges against the Biden administration as they have been at odds over immigration and the handling of the US-Mexico border.

Tipton ruled in favor of Texas and Mississippi in a separate suit Friday, blocking the Biden administration from using funding set aside by Congress for a border wall for other border-related purposes. The preliminary injunction is paused for seven days to allow time for an appeal.

This story has been updated with additional information.

CNN’s Tierney Sneed contributed to this report.

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