McALLEN, TX (Border Report) – The State of Texas is suing the Biden administration over the repeal of the state fee law, alleging it violates federal laws by allowing state aid migrants to live in the country and apply for green cards . and US citizenship.
The Biden administration last year changed the federal definition of who is considered a “public duty” and which noncitizens would be considered ineligible to enter the United States because their survival would likely depend on the government.
In the US District Court for the Southern District of Texas in Victoria, Texas Attorney General Ken Paxton filed a lawsuit on Thursday against President Joe Biden, Secretary of Homeland Security Alejandro Mallorcas and other senior officials.
“Since 1882, federal immigration law has prohibited the admission of aliens who cannot take care of themselves and become a public burden,” the 24-page lawsuit says.
“The Biden administration is seeking to advance its open borders policy by enacting a new departmental rule that effectively nullifies federal law by excluding foreigners who could become a public burden,” the lawsuit says.
“The Biden administration is seeking to open the borders to foreigners who are unable to take care of themselves. Texans shouldn’t have to pay for these costly immigrants, just like any other American,” Paxton said in a statement. “I will continue to defend the rule of law and fight to ensure that the huge costs of illegal immigration do not burden taxpayers.”
In 2021, the Biden administration ended a rule put in place during the Trump administration that would deny migrants receiving public assistance such as Medicaid, housing funds, food stamps, or other benefits permanent resident status or green cards.
Instead, the Biden administration defined a public duty as a person receiving government cash assistance or placed in a publicly funded long-term care facility.
The lawsuit alleges that the Biden administration violated federal law by repealing the Trump-era rule and is asking a federal judge to stop using the Biden rule.
Paxton petitioned the U.S. Supreme Court in September to be allowed to defend the earlier ruling and filed a summary of the case.
But last year, the Supreme Court in June rejected an attempt by Paxton and other states, led by Republican attorneys general, to organize a defense against the public prosecution rule.
Sandra Sanchez can be contacted at [email protected]