A federal judge on Friday rejected a lawsuit filed by Republican officials in Texas, aiming to halt a federal program that has enabled a large number of migrants to travel to U.S. airports. This decision maintains the policy that forms a vital part of the Biden administration’s immigration agenda.
The focus of the disagreement revolved around a program implemented by the Biden administration. This program enables a maximum of 30,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela to enter the United States every month, provided they have American sponsors who can financially support them. Individuals who are granted permission to fly to the U.S. under this policy are also given two-year work permits through a form of immigration authority called humanitarian parole, which President Biden has utilized on an unprecedented level.
The Biden administration contends that the policy aims to dissuade potential migrants from those four countries grappling with crises from making the journey to the U.S.-Mexico border and unlawfully entering the country. In January 2023, the program was introduced alongside a bilateral agreement, where Mexico consented to repatriating migrants from Cuba, Haiti, Nicaragua, and Venezuela who unlawfully crossed into the United States.
Texas filed a lawsuit, claiming that the program had exceeded the legal immigration limits set by Congress and had disregarded the intended purpose of parole authority, which should only be utilized in limited circumstances.
U.S. District Court Judge Drew Tipton made a ruling on Friday stating that Texas did not have the legal standing to sue over the policy. The judge concluded that Texas failed to demonstrate any injury caused by the program. As a result, the case was dismissed without addressing Texas’ claims regarding the legality of the federal initiative.
According to internal data from the Department of Homeland Security obtained by CBS News, over 365,000 individuals from Cuba, Haiti, Nicaragua, and Venezuela have arrived under the sponsorship policy of the Biden administration as of February 8th.
Spokespeople for Texas Governor Greg Abbott and Texas Attorney General Ken Paxton, who have been outspoken Republican opponents of President Biden’s immigration policies, did not provide immediate comments in response to requests. It is worth noting that Texas has the option to challenge Judge Tipton’s ruling through an appeal process.
The Biden administration has achieved a significant legal victory with the survival of the sponsorship program. In an effort to manage the surging levels of migrant crossings along the U.S.-Mexico border, the administration has been working on combining legal migration pathways and stricter asylum rules. This approach has yielded mixed results, but the preservation of the sponsorship program marks a positive outcome in their efforts.
According to Homeland Security Secretary Alejandro Mayorkas, the sponsorship initiative is being recognized by other countries as a successful approach to addressing the issue of rising irregular migration.
The decision made by Tipton was also warmly received by the White House.
“The district court’s decision is rooted in the effectiveness of this program, which has broadened legal avenues for individuals from Cuba, Haiti, Nicaragua, and Venezuela who have a sponsor in the United States and successfully complete our thorough vetting procedure. Moreover, it has significantly reduced the number of individuals from these countries attempting to cross our Southwest Border,” stated White House spokesperson Angelo Fernández Hernández in a statement to CBS News.
Friday’s ruling came as quite a surprise, given the past rulings by Tipton, who was appointed by former President Donald Trump. Tipton had previously ruled against other immigration rules implemented by the Biden administration, such as a memo in 2021 that restricted the scope of arrests made by Immigration and Customs Enforcement within the United States. It is worth noting that Texas has had a track record of success in convincing federal district court judges in the state to block President Biden’s key immigration policies over the past three years.
Tipton’s opinion recognized that the number of illegal entries by migrants from Cuba, Haiti, Nicaragua, and Venezuela along the U.S. southern border significantly decreased following the announcement of the sponsorship program.
Customs and Border Protection statistics indicate a significant decrease in unauthorized border crossings by migrants from Cuba, Haiti, and Nicaragua in the past year. In contrast, the number of illegal crossings by Venezuelans has been inconsistent, with fluctuations that have included both notable drops and spikes. In fact, late last year, there was a record level of crossings. The situation in Venezuela has led to over 7.7 million Venezuelans fleeing their country due to economic collapse and political turmoil. This has resulted in the largest displaced population globally, according to figures from the United Nations.
Tipton wrote in his ruling that the Parties agree and the record reflects that the number of Cuban, Haitian, Nicaraguan, and Venezuelan nationals entering the United States has significantly decreased since the program began.
Guerline Jozef, the executive director of the Haitian Bridge Alliance, expressed her support for the ruling issued on Friday. She emphasized the significance of the sponsorship program, describing it as a crucial policy for individuals facing dire circumstances. Jozef specifically mentioned those seeking refuge from Haiti, a country currently grappling with the devastating impact of gang warfare.
“This lifeline is crucial for countless individuals in Haiti, Cuba, Venezuela, and Nicaragua who would otherwise have no means of reaching their destination,” she emphasized.
