Attorney General Knudsen Leads Coalition in Legal Challenge Against Biden-Harris Immigration Rule

Montana Attorney General Austin Knudsen announced Tuesday that he is spearheading a coalition of seven attorneys general in filing an amicus brief supporting a lawsuit against a Biden-Harris administration rule. This rule, known as the “Parole-in-Place” (PIP) policy, would permit illegal immigrants to remain in the United States and access employment and public benefits.

The brief was submitted to the United States District Court for the Eastern District of Texas as part of a broader legal challenge to the PIP rule. This policy is expected to allow over one million undocumented individuals to live as temporary legal residents while they pursue permanent residency, which Knudsen argues will impose significant costs and administrative burdens on states.

“Defendants’ latest move is to rewrite immigration law to allow over a million illegal aliens to remain in the United States as temporary legal residents,” Knudsen stated. “This action comes amid an ongoing immigration crisis that imposes hundreds of millions of dollars in new expenses on states related to law enforcement, education, and healthcare programs.”

Implemented by the Department of Homeland Security in August 2024, the PIP rule has drawn criticism for exacerbating the existing illegal immigration crisis. Critics argue it sends a message that the U.S. is not enforcing immigration laws, potentially leading to increased crime and drug trafficking. Montana experienced a staggering 111% increase in fentanyl seizures in 2022, with indications that illegal immigrants were involved in trafficking the drug.

The brief asserts that the PIP program exceeds the authority granted to the executive branch by Congress under the Immigration and Nationality Act, which allows for the parole of inadmissible aliens only on a case-by-case basis for urgent humanitarian reasons or significant public benefit. The PIP rule, however, effectively grants broad parole to millions of undocumented individuals.

The coalition contends that the program will impose additional financial burdens on states, including costs associated with providing benefits to illegal immigrants who would otherwise not be eligible. Furthermore, the Biden-Harris administration allegedly failed to adhere to the Administrative Procedure Act’s notice-and-comment rulemaking requirements.

“Defendants’ policies reflect a disregard for both federalism and the harms they impose on states,” the brief emphasizes. “It is vital that states be able to ensure compliance with federal law in this context.”

Joining Attorney General Knudsen in this legal effort are attorneys general from Indiana, Mississippi, Nebraska, Oklahoma, and Utah, as well as West Virginia Attorney General Patrick Morrisey.

By: DNU staff

Read the full brief here