JEFFERSON CITY—Missouri Attorney General Andrew Bailey recently announced that his office and 16 other states had filed a lawsuit against the Biden-Harris Administration's "Parole in Place" (PIP) rule and secured a temporary restraining order involving the program.
The rule would have allowed millions of illegal immigrants to bypass the traditional legal processes and obtain permanent residency.
In a significant development, the court has ruled against this program, effectively halting it while legal proceedings continue.
Bailey expressed concern over the federal government's handling of border security, attributing the current crisis at the southern border to the Biden-Harris Administration.
"Joe Biden and Kamala Harris have created a crisis at the southern border, leaving the American people to pay the consequences," Bailey said in a provided statement. "In the wake of the federal government’s refusal to act, states like Missouri have no choice but to step in and take action to secure our southern border."
He noted that states like Missouri are compelled to take action in response to what he sees as the federal government's failure to address the situation.
"We filed suit to remind the Biden-Harris Administration that they do not have the authority to allow millions of unvetted aliens into our communities," Bailey said. "I’m glad the Court recognized that, too."
The program would allow certain illegal immigrants, who have resided unlawfully in the United States for over a decade, to receive "parole" without leaving the country.
This parole could be granted if the immigrant is the spouse or stepchild of a U.S. citizen, circumventing the standard process of leaving and reapplying for admission at a port of entry.
The Biden Administration's Department of Homeland Security (DHS) claims it has "unfettered discretion" in determining who can enter the U.S. without needing congressional approval.
The new program could potentially enable more than 1.3 million illegal immigrants to apply for permanent residency.
The lawsuit, filed by attorneys general from Alabama, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, Wyoming and the legal group America First Legal, argued that the program is unconstitutional.
The court's decision to grant an administrative stay pauses the program while the legal challenge proceeds.
U.S. District Judge J. Campbell Barker authored the order, filed Aug. 26 in U.S. District Court for the Eastern District of Texas, noted that 16 states challenged the DHS rule that allowed for “parole in place” for certain undocumented immigrants.
The plaintiffs have sought a temporary restraining order (TRO) and preliminary injunction to block the rule, while the defendants requested jurisdictional discovery and a stay of the proceedings.
The court has granted a 14-day administrative stay on the rule’s implementation, allowing more time to evaluate the plaintiffs’ claims and preserving the possibility of providing full relief should the plaintiffs ultimately prevail.
The court outlined an expedited schedule for the case, including deadlines for motions related to venue, intervention, and discovery, which must be completed by mid-September.
Both parties are required to submit briefs, with a consolidated hearing for preliminary relief and summary judgment expected in October.
Barker noted the importance of resolving the case quickly to avoid unnecessary burdens from the administrative stay and to ensure that any relief granted can be effectively implemented. All other motions remain pending as the case proceeds.
U.S. District Court for the Eastern District of Texas case number: 6:24-cv-00306