Judge strikes blow to Biden-Harris admin’s mass amnesty program



On Thursday, a federal judge dealt a significant blow to the Biden-Harris administration’s plan to provide mass amnesty to at least 550,000 illegal aliens currently residing in the United States.

Earlier this year, a coalition of 16 Republican-led states, spearheaded by Texas Attorney General Ken Paxton and America First Legal, filed a lawsuit against the administration for its “Keeping Families Together” program. The program would have granted amnesty to illegal immigrant spouses and stepchildren of American citizens, Blaze News previously reported.

'Once again, we have stopped the Biden-Harris Administration’s radical attempts to destroy America’s borders and undermine the rule of law.'

Additionally, the program would have permitted beneficiaries to parole in place, allowing them to remain in the country while their status is adjusted.

The lawsuit, filed by the 16 state attorneys general, argued that the administration’s claim that it would apply to roughly 550,000 illegal aliens was “likely a significant underestimate,” projecting that it could be closer to 1.3 million.

The complaint contended that the process was unconstitutional because it circumvented Congress and would “irreparably harm” the states’ communities.

U.S. District Judge J. Campbell Barker, a Trump-appointed judge, sided with the states’ lawsuit, striking down the program.

In his 74-page ruling, Barker stated that the administration’s program “focuses on the wrong thing in identifying ‘significant public benefits’ — the benefits of aliens’ new legal status, rather than their presence in this country.”

“The Rule exceeds statutory authority and is not in accordance with law for this reason as well,” he concluded, adding that the “defendants’ view stretches legal interpretation past its breaking point.”

“The court declares that defendants lack statutory authority … to grant parole ‘in place’ to aliens,” Barker wrote.

America First Legal Executive Director Gene Hamilton stated, “Since day one, the Biden-Harris administration has dedicated itself to the decimation of our immigration system and the erasure of our borders.”

“Time and again, the states stood up. And today, the great state of Texas and the courageous Ken Paxton, alongside a coalition of other brave attorneys general, succeeded in stopping an illegal program that would have provided amnesty to hundreds of thousands of illegal aliens and paved the path for the largest administrative amnesty in American history,” Hamilton added.

Paxton wrote in a post on X, “Once again, we have stopped the Biden-Harris Administration’s radical attempts to destroy America’s borders and undermine the rule of law. This unlawful parole scheme would have rewarded more than 1 million illegal aliens with citizenship and incentivized millions more to break into our country. I look forward to the day when the federal government starts following the law again.”

The administration’s Department of Justice can decide to appeal Barker’s ruling.

Neither the White House nor the Department of Homeland Security responded to CBS News’ requests for comment.

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Harris stands firm on wildly unpopular immigration plan in final pitch to voters



Vice President Kamala Harris doubled down on her support for mass amnesty for millions of illegal immigrants living in the United States.

However, Harris' position on immigration issues appears to defy public sentiment. A poll released in September revealed that roughly 54% of Americans, including 25% of Democrats, “strongly” or “somewhat” support mass deportation of illegal immigrants.

Another poll released in May indicated that just 36% of likely U.S. voters would favor a candidate who promoted amnesty over a candidate who promoted mass deportation.

In her closing argument to voters on Tuesday evening, Harris stated, “We must acknowledge we are a nation of immigrants. And I will work with Congress to pass immigration reform, including an earned path to citizenship.”

'Reform our broken immigration system.'

Just last week, Harris told Telemundo host Julio Vaqueiro, “We need smart, humane immigration policy in America that includes a pathway to citizenship, putting more resources at the border in terms of security, honoring America’s history as a country of immigrants, not vilifying people who are fleeing harm, but instead, creating an orderly system for them to actually be able to make their case.”

During the Congressional Hispanic Caucus Institute conference in September, Harris stated that she would work with the CHC to “reform our broken immigration system and protect our DREAMers.”

Harris again pledged to “create an earned pathway to citizenship.”

An October report from the House of Representatives Judiciary Committee explains how the Biden-Harris administration has already provided “quiet amnesty” to illegal aliens through the immigration court backlog.

“Instead of actually adjudicating illegal aliens’ cases based on the merits of aliens’ claims for relief — such as whether an alien has a valid and successful asylum claim — immigration judges under the Biden-Harris Administration have been tasked with rubberstamping case dismissals, case closures, and case terminations, all of which allow illegal aliens to remain in the United States without immigration consequences,” the report read.

“This sort of quiet amnesty has become a staple of the Biden-Harris Administration’s immigration courts,” it added.

The administration’s “Keeping Families Together” program could also extend mass amnesty to at least 550,000 illegal aliens in the U.S. The program, which is being challenged in court, would allow spouses and stepchildren of American citizens to request parole in place while they seek an adjustment of status.

Harris has pledged to sign the failed so-called bipartisan Senate border bill into law.

Harris’ running mate, Minnesota Governor Tim Walz, discussed immigration during a Tuesday appearance on “The Dan Le Batard Show with Stugotz.”

Walz said, “We had a bill that added 1,500 more agents. It added more equipment, but it also added more money to DOJ [Department of Justice] to expedite these asylum claims. And then you can secure the border, which we need to do and also adhere to American values by giving pathways to citizenship.”

“We can’t forsake this idea that there are pathways to citizenship that aren’t — take too long and you can get people who are here, want to be here, contributing to this country. Give them that pathway that’s legal, and I think that’s what the vice president has said. She said she’d sign the bill immediately,” Walz continued.

Harris’ campaign website also notes her vow to establish such pathways but does not elaborate on how she plans to accomplish this goal.

However, during a Fox News interview earlier this month, Harris touted the administration’s U.S. Citizenship Act of 2021 as an immigration solution.

The bill, which never made it out of committee, would have allowed “undocumented individuals to apply for temporary legal status, with the ability to apply for green cards after five years if they pass criminal and national security background checks and pay their taxes.”

“Dreamers, TPS holders, and immigrant farmworkers who meet specific requirements are eligible for green cards immediately under the legislation,” a White House statement read. “After three years, all green card holders who pass additional background checks and demonstrate knowledge of English and U.S. civics can apply to become citizens.”

While it would have required applicants to be present in the U.S. on or before January 1, 2021, it would have allowed the administration’s secretary of Homeland Security to “waive the presence requirement for those deported on or after January 20, 2017” if they were previously in the U.S. for three years.

The New York Post reported that the bill would allow the return of 1.5 million foreign nationals deported under former President Donald Trump's administration.

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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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EXCLUSIVE: Sens. Thune, Vance Demand Biden Admin Explain ‘Mass Amnesty’ After 350,000 Asylum Cases Are Terminated

'you are sending a troubling signal to would-be migrants'

Biden administration offers 'mass amnesty' to illegal immigrants by quietly terminating 350,000 asylum cases: Report



The Biden administration has effectively offered "mass amnesty" by quietly terminating asylum cases to hundreds of thousands of migrants, according to an eye-opening report.

The Biden administration has "terminated without a decision on the merits of their asylum claim" more than 350,000 migrant asylum cases since 2022, according to a new report from the New York Post – citing U.S. Immigration and Customs Enforcement officials as their source. The illegal immigrants reportedly have their asylum cases dismissed as long as they don't have a criminal record or are deemed to not be a threat to the United States.

While the migrants are not granted asylum per se, they are also not denied asylum. In addition, their asylum cases are terminated without a decision based on the merits of their asylum claim. Consequently, they are removed from the legal system and no longer required to check in with authorities. They are free to live in the U.S. without fear of deportation.

According to the Post, there were 102,550 migrants allowed to remain in the U.S. after having their asylum cases dismissed in 2022. The figure purportedly jumped to 149,305 last year. In the first four months of 2024, a whopping 113,843 illegal aliens had their asylum cases terminated, according to the data. Conversely, there were allegedly 18,119 such cases in 2021, 4,730 in 2020, and 4,746 in 2019.

'You're basically allowing people who don't have a right to be in the United States to be here indefinitely.'

"This is just a massive amnesty under the guise of prosecutorial discretion," Center for Immigration Studies' Andrew Arthur – a former immigration judge – told the New York Post. "You're basically allowing people who don't have a right to be in the United States to be here indefinitely."

Since President Joe Biden took office in January 2020, 77% of asylum seekers have been allowed to remain in the country, according to The Transactional Records Access Clearinghouse – a self-described "data gathering, data research and data distribution organization at Syracuse University."

TRAC found there is a backlog of nearly 3.6 million unresolved asylum cases.

Handling the millions of asylum cases are only 725 immigration judges, according to the U.S. Department of Justice.

The average wait time for illegal immigrants awaiting their cases to be heard by U.S. Citizenship and Immigration Services is reportedly more than 6 years. Those awaiting a case to be taken by the Executive Office for Immigration Review have an average wait time of roughly 4.3 years.

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