Attorney General Bonta Joins Multistate Coalition in Support of Biden’s Administration’s CHNV Parole Program for Migrants Fleeing Violence

OAKLAND – California Attorney General Rob Bonta today joined a multistate coalition of 18 attorneys general in an amicus brief before the Fifth Circuit Court of Appeals in Texas v. U.S. Department of Homeland Security. The brief supports President Biden’s Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV Parole Program). The CHNV Parole Program offers qualified individuals from those four countries an opportunity to apply for advance travel authorization and to be considered on a case-by-case basis for temporary humanitarian parole of up to two years, which includes employment authorization. In the amicus brief, the coalition underscores the states’ interest in upholding the federal government's discretionary power to allow certain migrants entry or immigrants to stay in the country on humanitarian grounds. The brief urges the court to leave the CHNV Parole Program in place.

“In California, we believe that migrants escaping violence should be treated with compassion and dignity, and immigration parole programs are a crucial part of a just and secure immigration system,” said Attorney General Bonta. “The Biden Administration’s CHNV Parole Program provides safe pathway to apply for protection for Cuban, Haitian, Nicaraguan, or Venezuelan migrants fleeing violence and upheaval. We urge the court to uphold this program that creates orderly processes for people fleeing humanitarian crises to lawfully reach the United States." 

The federal executive branch has, since the Eisenhower Administration, exercised its authority under the Immigration and Nationality Act to parole migrants into the United States for humanitarian and other purposes. Parole provides a safe, legal, and orderly pathway for individuals to join their families and seek protection in the United States. The lawsuit, led by Texas, threatens to undermine the federal government’s ability to launch crucial programs that assist migrants fleeing unstable circumstances in their home countries to enter the United States.

In the amicus brief, the coalition asserts:

• Immigrants are key contributors to state economies, parole recipients fill critical positions in industries with labor shortages, and enjoining the program would foreclose these benefits.
• Enjoining the parole pathways would separate families and subject parolees to danger by forcing them to return to the dangerous conditions from which they fled.
• The plaintiffs incorrectly argue that the parole pathways increase crime and impose costs on states, when evidence suggests they will likely decrease both crime and costs to states for law enforcement, healthcare, and other services.

In submitting the amicus brief, Attorney General Bonta joins the attorneys general of New York, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Vermont, and the District of Columbia

A copy of the amicus brief is available here.