Texas Sues Biden Administration Over Unlawful Parole-in-Place Policy

Texas Attorney General Ken Paxton has filed a lawsuit challenging a Biden administration rule that would grant parole-in-place status to hundreds of thousands of undocumented immigrants, arguing the policy violates federal immigration law and the Constitution.

The lawsuit, filed in August 2024, contends that the Department of Homeland Security’s (DHS) new rule unlawfully permits certain undocumented immigrants to apply for permanent residency without leaving the United States—a benefit federal statute reserves only for those who depart the country and re-enter legally. According to Paxton, the rule would affect an estimated 1.3 million individuals nationwide, including more than 200,000 residing in Texas.

Paxton argues the administration’s action bypasses Congress and misuses parole authority, which federal law limits to case-by-case humanitarian determinations. The lawsuit claims the rule violates the Administrative Procedure Act and exceeds executive branch authority under the Immigration and Nationality Act.

The Texas-led coalition, joined by 16 other states and the legal advocacy group America First Legal, seeks injunctive relief to block the policy while the case proceeds. Paxton stated the lawsuit aims to prevent what he describes as an effort to “turn the United States into a nation without borders and a country without laws.”

The legal challenge is part of a broader strategy by Texas officials to contest Biden administration immigration policies through litigation. Since 2021, Texas has repeatedly used federal courts to challenge administration actions on border security and interior enforcement, including efforts to end the Migrant Protection Protocols and reinstate asylum restrictions.

Operation Lone Star, Texas’ border security initiative launched in 2021 under Governor Greg Abbott, continues to coordinate state resources with federal agents to deter illegal crossings, arrest smugglers, and interdict narcotics like fentanyl. Abbott has emphasized collaboration with the Trump administration to enforce immigration laws following the 2024 presidential transition.

As of April 2025, the lawsuit remains active in federal court, with Texas maintaining that the administration’s parole-in-place rule represents an unlawful expansion of executive power that undermines the rule of law and encourages further illegal immigration.

Key Takeaways

• Texas Attorney General Ken Paxton sued the Biden administration in August 2024 over a DHS rule granting parole-in-place to undocumented immigrants.
• The policy would allow approximately 1.3 million people nationwide—including over 200,000 in Texas—to seek permanent residency without leaving the U.S.
• Texas argues the rule violates federal immigration law, the Administrative Procedure Act, and the Constitution by misusing parole authority.
• The lawsuit is part of a broader legal strategy by Texas to challenge Biden-era immigration policies through the courts.
• Operation Lone Star remains active, with Texas coordinating state and federal efforts to secure the border and enforce immigration laws.

Frequently Asked Questions

What is parole-in-place?

Parole-in-place is an immigration benefit that allows certain undocumented immigrants already in the United States to temporarily remain legally while applying for a green card, typically reserved for urgent humanitarian cases or military families.

Why does Texas oppose the Biden administration’s parole-in-place policy?

Texas argues the policy exceeds executive authority, violates federal law that requires immigrants to leave the country before seeking legal status, and undermines border security by incentivizing illegal immigration.

How many people could be affected by the policy?

The administration estimates the rule would apply to approximately 1.3 million undocumented immigrants nationwide, with over 200,000 residing in Texas.

What is Operation Lone Star?

Operation Lone Star is a Texas border security initiative launched in 2021 that deploys state National Guard troops, Department of Public Safety officers, and tactical agents to support federal efforts in deterring illegal crossings, arresting smugglers, and interdicting drugs.

Is the lawsuit still active?

Yes, as of April 2025, the lawsuit challenging the Biden administration’s parole-in-place rule remains pending in federal court.