AFL Joins States in Legal Battle to Stop Unlawful Biden Immigration Program

Today, America First Legal (AFL), in partnership with the State of Texas and twenty other states, filed a motion for a preliminary injunction in a lawsuit against the Biden Administration's Department of Homeland Security.[0] The motion seeks to immediately halt a new program that would allow hundreds of thousands of additional illegal aliens to be “paroled” into the United States each year.[0]

The lawsuit, led by Texas Attorney General Ken Paxton, claims that President Joe Biden unlawfully signed a $1.7 trillion omnibus package into law in December because it was not legally passed in the House.[1] Additionally, the states argue that the program is illegal due to congressional parole rules, which limit its use to a “case-by-case basis for urgent humanitarian reasons or significant public benefit.”[2]

Migrants are now able to gain advance permission to enter the United States while in their home country, with the program providing a legal basis for them to do so despite not previously having one.[3] This would lead to a deluge of unauthorized migrants flooding American labor markets, consuming medical resources, burdening taxpayers, and jeopardizing public health and safety.

Stephen Miller of America First Legal said, “Biden’s plan to mass import unauthorized aliens from their home countries directly to the United States without any legal basis for doing so is nothing more than a brazen attempt to accelerate stratospheric migration levels while, at the same time, concealing the sheer volume of cross border flows.”[0]

As states across the country continue to fight to protect American sovereignty, America First Legal is proud to stand with courageous Attorneys General in their efforts to put America first.[0]

0. “Texas File For Emergency Injunction To Block Biden’s Most Extreme Open Borders Decree In Lawsuit Joined by …” America First Legal, 15 Feb. 2023,

1. “Texas Attorney General Ken Paxton sues Joe Biden over signing federal spending package” The Texas Tribune, 16 Feb. 2023,

2. “Texas, GOP states seek preliminary injunction against Biden’s migrant parole program” Fox News, 15 Feb. 2023,

3. “20 States Rally in Suit Against Biden's Immigrant ‘Parole' Program” The Epoch Times, 15 Feb. 2023,