Attorney General Bonta Joins Multistate Coalition in Support of Biden Administration’s Parole Program

Denounces Texas-led initiative seeking to invalidate programs assisting Cubans, Haitians, Nicaraguans, and Venezuelans fleeing violence and turmoil

OAKLAND – California Attorney General Rob Bonta today announced that he joined a multistate coalition of Attorneys General in an amicus brief before the U.S. District Court for the Southern District of Texas 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 an opportunity to apply for advance travel authorization and, on a case-by-case basis, to be considered for temporary parole of up to two years, including employment authorization. The federal government may grant advance travel authorization to as many as 30,000 noncitizens per month to seek parole under this process. In the amicus brief, the coalition underscores the states’ vested interest in upholding the rights of individuals seeking safety within the United States and emphasizes the importance of the federal government's discretionary power to allow certain immigrants entry or continued stay in the country on humanitarian grounds. The brief urges the district court to reject plaintiffs' request for relief and leave the Parole CHNV Parole Program in place.

 "Parole programs are critical to a humane and secure immigration system" said Attorney General Bonta. "Turning our backs on those escaping dangerous conditions is contrary to our American values. Everyone, regardless of where they come from, deserves the chance to seek protection legally and safely. We urge the U.S. District Court to uphold this program, which promotes border security, limits irregular migration, and creates additional safe and 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 violence and upheaval today 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, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Washington, and the District of Columbia.

A copy of the amicus brief is available here.