President Joe Biden’s deputies are trying to find a favorable judge who will protect their quasi-legal, semi-secret “parole pathway” for hundreds of thousands of economic migrants.
The parole pathway is being reviewed by a Texas judge because of a new lawsuit from Republican politicians in Texas and 19 other GOP-run states.
So the Department of Justice is trying to switch the lawsuit from the Texas judge and transfer it to more sympathetic judges in Austin, Texas, or in the District of Columbia.
The federal “Motion to Transfer” request says:
The case does not arise from any events occurring in this [jurisdiction] Division … because the convenience of witnesses, access to evidence, and interest of justice counsel transfer. At a minimum, the case should be transferred to a multi-judge Division of this District in the interest of justice and to ensure the perceived impartiality of the federal courts.
The judge should also delay action on the parole lawsuit until the motion to transfer is decided, the department asked.
The request is rational for Biden’s deputies. The judge, Drew B. Tipton, whom President Donald Trump nominated, is already quite familiar with the issues and has already ruled against some of Biden’s border-opening policies.
Biden’s allies say the 20 states filed their case in that judicial division because they want their claim to be judged by Tipton. If they had filed their case in another division, the case might have been randomly assigned to a Democrat-nominated judge who could be deferential to the Biden administration.
The claim of “judge shopping” has repeatedly been made against Texas officials — although it is widely practiced in courtroom fights over political policies. In this case, the GOP officials are being accused of selecting a judge for a lawsuit about the White House picking laws it does not want to enforce.
The courtroom route is the only near-term option for Texas and the 19 other states. Democrat legislators and the White House have enough political power in D.C. to prevent the Republican-run House from defunding the parole pathway until at least 2025.
The 20-state lawsuit is a major problem for the administration, which is trying to channel the unpopular and large wave of invited illegal immigrants into several quasi-legal, semi-secret pathways — including its new “parole pathway” — regardless of Congress’s laws.
The parole pathway is offering 360,000 parole tickets per year to would-be migrants in several countries, under the claim that the giveaway will encourage migrants from those countries to stop appearing at the border.
But that parole pathway is also being quietly given to many economic migrants from several other countries. Those migrants are being bussed through the border without being counted as illegal immigrants — and without Congress or the public being informed about the numbers.
The pathway “is clearly, unequivocally against the law,” Texas Gov. Greg Abbott told Fox News on January 26.
Current laws allow roughly one million legal migrants each year, or roughly one migrant for every four Americans who turn 18 each year.
But Biden’s deputies, including his Cuban-born, pro-migration border chief, are trying to maximize immigration without triggering political correction among swing voters.
In 2022, border chief Alejandro Mayorkas imported or kept almost four million migrants in the United States via many little-publicized channels. The migrants were defined as refugees, temporary workers, job-seeking tourists, undetained asylum-seekers, legal immigrants, diversity lottery winners, undetained foreign criminals, non-deported getaways, sick patients, “Unaccompanied Children,” former servicemembers, and family reunification beneficiaries.
“We’re trying to make it easier for people to get here, opening up the capacity to get here, but not have them go through that godawful [migration] process,” Biden told an international press conference on January 10 in Mexico.
The Supreme Court is already considering a lawsuit that says the administration is legally obliged to detain asylum-seeking migrants. The catch-and-release policy allows migrants to get jobs as soon as they arrive, thus making the trek rational and affordable for many poor migrants.
Biden’s massive migration aids coastal investors by suppressing Americans’ wages and spiking Americans’ housing prices.
The 20-state lawsuit against the White House’s invented parole pipeline says:
1. The Department of Homeland Security (DHS or Department), under the false pretense of preventing aliens from unlawfully crossing the border between the ports of entry, has effectively created a new visa program— without the formalities of legislation from Congress—by announcing that it will permit up to 360,000 aliens annually from Cuba, Haiti, Nicaragua, and Venezuela to be “paroled” into the United States for two years or longer and with eligibility for employment authorization.
2. he Department’s parole power is exceptionally limited, having been curtailed by Congress multiple times, and can be used “only on a case-by- case basis for urgent humanitarian reasons or significant public benefit.” …. But the Department’s new “parole” program allows aliens in their home countries to obtain the benefit of being able to obtain advance authorization to enter the United States—despite no other basis in law for them doing so.
3. The parole program established by the Department fails each of the law’s three limiting factors. It is not case-by-case, is not for urgent humanitarian reasons, and advances no significant public benefit. Instead, it amounts to the creation of a new visa program that allows hundreds of thousands of aliens to enter the United States who otherwise have no basis for doing so. This flouts, rather than follows, the clear limits imposed by Congress.
4. In establishing this unlawful program, the Department did not engage in notice-and-comment rulemaking under the Administrative Procedure Act, substituting instead its unilateral judgment to bring into the United States hundreds of thousands of aliens who otherwise have no other authority to enter.
5. The Plaintiff States—Texas, Alabama, Alaska, Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, South Carolina, Tennessee, Utah, West Virginia, and Wyoming—face substantial, irreparable harms from the Department’s abuses of its parole authority, which allow potentially hundreds of thousands of additional aliens to enter each of their already overwhelmed territories
The federal government has long operated an economic policy of Extraction Migration. This colonialism-like policy extracts vast amounts of human resources from needy countries and uses the imported workers, renters, and consumers to grow Wall Street and the economy.
The migrant inflow has successfully forced down Americans’ wages and also boosted rents and housing prices. The inflow has also pushed many native-born Americans out of careers in a wide variety of business sectors and contributed to the rising death rate of poor Americans:
The population inflow also reduces the political clout of native-born Americans because it allows elites to divorce themselves from the needs and interests of ordinary Americans.
A 54 percent majority of Americans say Biden is allowing a southern border invasion, according to an August 2022 poll commissioned by the left-of-center National Public Radio (NPR). The 54 percent “Invasion” majority included 76 percent of Republicans, 46 percent of independents, and even 40 percent of Democrats.
The case is Texas v. Department of Homeland Security, No. 6:23-cv-00007 in the United States District Court or the Southern District of Texas.