GOP Parole Lawsuit

Case 6:23-cv-00007 Document 1 Filed on 01/24/23 in TXSD Page 1 of 39
United States District Court

Southern District of Texas
Victoria Division
STATE OF TEXAS,
STATE OF ALABAMA
STATE OF ALASKA
STATE OF ARKANSAS
STATE OF FLORIDA
STATE OF IDAHO
STATE OF IOWA
STATE OF KANSAS
COMMONWEALTH OF KENTUCKY
STATE OF LOUISIANA
STATE OF MISSISSIPPI
STATE OF MISSOURI
STATE OF MONTANA
STATE OF NEBRASKA
STATE OF OHIO
STATE OF SOUTH CAROLINA
STATE OF TENNESSEE
STATE OF UTAH
STATE OF WEST VIRGINIA
STATE OF WYOMING Case No. _________________
Plaintiffs,
v.
U.S. DEPARTMENT OF HOMELAND SECURITY;

ALEJANDRO MAYORKAS, in his official
capacity as Secretary of Homeland
Security;
U.S. CITIZENSHIP AND IMMIGRATION
SERVICES;
UR JADDOU, in her official capacity as
Director of U.S. Citizenship and
Immigration Services;
U.S. CUSTOMS & BORDER PROTECTION;
TROY MILLER, in his official capacity as
Acting Commissioner of U.S. Customs &
Border Protection;
U.S. IMMIGRATION & CUSTOMS
ENFORCEMENT; and
TAE JOHNSON, in his official capacity as

Acting Director of U.S. Immigration &
Customs Enforcement;
Defendants.
COMPLAINT
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. The 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.” 8
U.S.C. § 1182(d)(5)(A). 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
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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.
6. The Department does not have the authority to invite more than
a third of a million more illegal aliens into the United States annually as it has
announced with this program.
7. This Court should enjoin, declare unlawful, and set aside the
Department’s lawless parole program.
Parties
I. Plaintiffs.
8. Plaintiff State of Texas is a sovereign State of the United States
of America.
9. Plaintiff State of Alabama is a sovereign State of the United
States of America.
10. Plaintiff State of Alaska is a sovereign State of the United States
of America.
11. Plaintiff State of Arkansas is a sovereign State of the United
States of America.
12. Plaintiff State of Florida is a sovereign State of the United States
of America.
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13. Plaintiff State of Idaho is a sovereign State of the United States
of America.
14. Plaintiff State of Iowa is a sovereign State of the United States of
America.
15. Plaintiff State of Kansas is a sovereign State of the United States
of America.
16. Plaintiff Commonwealth of Kentucky is a sovereign State of the
United States of America.
17. Plaintiff State of Louisiana is a sovereign State of the United
States of America.
18. Plaintiff State of Mississippi is a sovereign State of the United
States of America.
19. Plaintiff State of Missouri is a sovereign State of the United
States of America.
20. Plaintiff State of Montana is a sovereign State of the United
States of America.
21. Plaintiff State of Nebraska is a sovereign State of the United

States of America.
22. Plaintiff State of Ohio is a sovereign State of the United States of
America.
23. Plaintiff State of South Carolina is a sovereign State of the United
States of America.
24. Plaintiff State of Tennessee is a sovereign State of the United
States of America.
25. Plaintiff State of Utah is a sovereign State of the United States of
America.
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26. Plaintiff State of West Virginia is a sovereign State of the United
States of America.
27. Plaintiff State of Wyoming is a sovereign State of the United
States of America.
II. Defendants.
28. Defendant U.S. Department of Homeland Security is a cabinet-
level federal executive agency that oversees the Defendants, U.S. Citizenship
and Immigration Services (USCIS), U.S. Customs and Border Protection
(CBP), and U.S. Immigration and Customs Enforcement (ICE), which are
constituent agencies of DHS. DHS and its constituent agencies are obligated
to enforce the Immigration and Nationality Act (INA).
29. Defendant Alejandro Mayorkas is the Secretary of DHS. The
Plaintiff States sue him in his official capacity.
30. Defendant Ur Jaddou is the Director of USCIS. The Plaintiff
States sue her in her official capacity.
31. Defendant Troy Miller is the Acting Commissioner of CBP. The
32. Defendant Tae Johnson is the Acting Director of ICE. The
Jurisdiction and Venue

33. The Court has jurisdiction over this dispute because it arises
under the Constitution and laws of the United States. See 28 U.S.C. §§ 1331,
1346, 1361; 5 U.S.C. §§ 702–703. It has jurisdiction under 5 U.S.C. §§ 705–706
and 28 U.S.C. §§ 1361 and §§ 2201–2202 to render the declaratory and
injunctive relief that the Plaintiff States request.
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34. This district is a proper venue because the State of Texas resides
in this district. 28 U.S.C. § 1391(e).
Facts
I. The Parole Authority.

35. The Immigration and Nationality Act details the specific
instances where the government may use its authority to parole individuals
into the United States who otherwise would not be lawfully permitted to enter,
or who are otherwise subject to mandatory detention. See 8 U.S.C. § 1182(d)(5).
36. Specifically, Congress has directed that parole may only be
granted on a case-by-case basis, and even then, only for “urgent humanitarian
reasons or significant public benefit.” Id. at § 1182(d)(5)(A); Texas v. Biden, 20
F.4th 928, 947 (5th Cir. 2021).
37. Congress added those restrictions—the case-by-case basis for
urgent humanitarian reasons or significant public benefit—to the parole power
in 1996, in part because:
The text of section 212(d)(5) is clear that the parole authority was
intended to be used on a case-by-case basis to meet specific needs,
and not as a supplement to Congressionally-established
immigration policy. In recent years, however, parole has been used
increasingly to admit entire categories of aliens who do not qualify
for admission under any other category in immigration law, with
the intent that they will remain permanently in the United States.
This contravenes the intent of section 212(d)(5), but also
illustrates why further, specific limitations on the Attorney
General’s discretion are necessary.
H.R. Rep. No. 104-469, at 140 (1996) (emphasis added).
38. Congress has also emphasized that DHS “may not parole into the
United States an alien who is a refugee unless the Attorney General
determines that compelling reasons in the public interest with respect to that
particular alien require that the alien be paroled into the United States rather
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than be admitted as a refugee[.]” 8 U.S.C. § 1182(d)(5)(B); see also Texas v.
Biden, 20 F.4th at 994.
39. As the U.S. Court of Appeals for the Fifth Circuit stated less than
two years ago, “[q]uintessential modern uses of the parole power include, for
example, paroling aliens who do not qualify for an admission category but have
an urgent need for medical care in the United States and paroling aliens who
qualify for a visa but are waiting for it to become available.” Id. at 947. But the
power is not unlimited: “DHS cannot use that power to parole aliens en masse;
that was the whole point of the ‘case-by-case’ requirement that Congress added
in IIRIRA.” Id. at 997.
40. The Supreme Court recently affirmed the limited nature of the
parole power, noting that it “is not unbounded: DHS may exercise its discretion
to parole applicants ‘only on a case-by-case basis for urgent humanitarian
reasons or significant public benefit.’ … And under the [Administrative
Procedure Act], DHS’s exercise of discretion within that statutory framework
must be reasonable and reasonably explained.” Biden v. Texas, 142 S. Ct. 2528,
2543 (2022).
II. The Parole Program.

41. On December 22, 2022, Secretary Mayorkas issued a decision
memorandum that created a new parole program for nationals of Cuba, Haiti,
Nicaragua, and Venezuela. Although the Defendants have referred to this
memorandum as authority for the new parole program, see, e.g.,
Implementation of a Parole Process for Haitians, 88 Fed. Reg. 1243 (Jan. 9,
2023), they have not publicly released it.
42. On January 5, 2023, President Biden and the Defendants
announced the creation of the new parole program, which was modeled off
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recent programs the Defendants had created for nationals of Ukraine and
Venezuela. Press Release, Department of Homeland Security, DHS Continues
to Prepare for End of Title 42; Announces New Border Enforcement Measures
and Additional Safe and Orderly Processes, (Jan. 5, 2023)
https://bit.ly/3VR83z2.
43. According to the Department’s announcement, the program “will
provide a lawful and streamlined way for qualifying nationals of Cuba, Haiti,
Nicaragua, and Venezuela to apply to come to the United States, without
having to make the dangerous journey to the border.” Id.
44. Secretary Mayorkas said in the press release announcing the
program “[w]e can provide humanitarian relief consistent with our values, cut
out vicious smuggling organizations, and enforce our laws.” Id. He added
“[i]ndividuals who are provided a safe, orderly, and lawful path to the United
States are less likely to risk their lives traversing thousands of miles in the
hands of ruthless smugglers, only to arrive at our southern border and face the
legal consequences of unlawful entry.” Id.
45. Without authority, the Defendants have decreed that, subject to

an alien obtaining a “supporter in the United States who commits to providing
financial and other support” and certain background checks,“[aliens] can seek
advance authorization to travel to the United States, and be considered, on a
case-by-case basis, for a temporary grant of parole for up to two years,
including employment authorization[.]” Id. (emphasis added).
46. The Defendants have further decreed that the program “will
allow up to 30,000 qualifying nationals per month from all four of these
countries to reside legally in the United States for up to two years and to
receive permission to work here, during that period.” Id. (emphasis added).
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47. On January 6, Defendant USCIS published a new website for this
new program, entitled “Processes for Cubans, Haitians, Nicaraguans, and
Venezuelans.” U.S. CITIZENSHIP AND IMMIGRATION SERVICES, Processes for
Cubans, Haitians, Nicaraguans, and Venezuelans, https://bit.ly/3ZOb9Hg (last
accessed Jan. 23, 2023).
48. The website lists the basic requirements for the program as they
were contained in its announcement the day prior, but added additional
details, including:
• The “supporter” agrees to provide the alien with financial support for
the duration of their parole in the United States and begins the process
by filing a Form I-134A “Online Request to be a Supporter and
Declaration of Financial Support.” Id.
• There is no cost to apply for the program for the alien or the “supporter.”
• “Supporters” can include: U.S. citizens or nationals; lawful permanent
residents, lawful temporary residents, and conditional permanent
residents; nonimmigrants in lawful status (who maintain their
nonimmigrant status and have not violated any of the terms or
conditions of their nonimmigrant status); asylees, refugees, and
parolees; individuals granted Temporary Protected Status; and,
beneficiaries of deferred action (including deferred action for childhood
arrivals) or deferred enforced departure. Id. (emphasis added).
• The beneficiaries can be any national of Cuba, Haiti, Nicaragua, or
Venezuela, plus their immediate family members. But beneficiaries
cannot be minor children traveling without adults. Id.
• Upon approval of the Form, the alien is authorized for travel to the
United States at the alien’s own expense, and upon arrival the alien will
be considered for parole into the United States. Id.
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49. The Defendants did not publish advance notice of the program in
the Federal Register prior to posting details about the program on the
Department’s website.
50. The Defendants have not published the decision memorandum
from Secretary Mayorkas despite referring to such a memorandum in the four
separate Federal Register notices announcing the parole program that are
described below.
51. The Defendants have not published any analysis or supporting
materials for the Secretary’s decision memorandum.
52. But on January 9, 2023, the Department published four separate
notices in the Federal Register regarding the implementation of the parole
program, with one notice for each eligible nationality. See Implementation of a
Parole Process for Cubans, 88 Fed. Reg. 1266 (Jan. 9, 2023); Implementation
of a Parole Process for Haitians, 88 Fed. Reg. 1243 (Jan. 9, 2023);
Implementation of a Parole Process for Nicaraguans, 88 Fed. Reg. 1255 (Jan.
9, 2023); Implementation of Changes to the Parole Process for Venezuelans, 88
Fed. Reg. 1279 (Jan. 9, 2023).

53. In substance, the Federal Register notices do not differ from the
website content—explaining the general parameters of the program and the
qualifications for it. But they do offer more analysis from the Department as
to why, in the Department’s view, the program comports with the limitations
on the Secretary’s parole power under 8 U.S.C. § 1182(d)(5). See, e.g., 88 Fed.
Reg. at 1260–63.
54. The Defendants did not provide an opportunity for public
comment, nor did they undertake a formal notice-and-comment rulemaking
process. Instead, they asserted that their new program was exempt from
notice-and-comment rulemaking because (1) “the Department is merely
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adopting a general statement of policy,” (2) the program is exempt “because it
involves a foreign affairs function of the United States,” and (3) “there is good
cause to find that the delay associated with implementing this process through
notice-and-comment rulemaking and with a delayed effective date would be
contrary to the public interest and impracticable.” See, e.g., 88 Fed. Reg. at
1264-65.
55. The Defendants did not explain or analyze how they would
remove from the United States aliens paroled through the program after the
end of any period of authorized parole, despite admitting general difficulty
removing such aliens to their home countries presently.
56. The Defendants did not consult the Plaintiff States about the
potential effects of this program or the ability of the Plaintiff States to provide
services to aliens paroled in through the program.
57. The Defendants, if in fact they have devised a mechanism, did not
explain any such mechanism for the recovery of funds from “supporters” who
do not actually provide for the needs of aliens paroled under the program,
whether by the Department itself, any federal entity, or most pertinent to the
Plaintiff States, by any state.
III. Irreparable Harm to the Plaintiff States.

58. The parole program harms Texas. Texas spends significant
amounts of money providing services to illegal aliens because of the federal
government’s violations of and refusal to enforce federal law. These include
education and healthcare, as well as many other social services. Federal law
requires Texas to include illegal aliens in some of these programs. As the
number of illegal aliens in Texas increases, the number of illegal aliens
receiving such services likewise increases.
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59. For example, the Emergency Medicaid program provides health
coverage for low-income children, families, seniors, and the disabled. Federal
law requires Texas to include illegal aliens in its Emergency Medicaid
program. The program costs Texas tens of millions of dollars annually.
60. The Texas Family Violence Program provides emergency shelter
and supportive services to victims and their children in Texas. Texas spends
more than a million dollars per year on the Texas Family Violence Program for
services to illegal aliens.
61. The Texas Children’s Health Insurance Program offers low-cost
health coverage for children from birth through age 18. Texas spends tens of
millions of dollars each year on CHIP expenditures for illegal aliens.
62. Texas spends hundreds of millions of dollars each year for
uncompensated care provided by state public hospital districts to illegal aliens.
63. Also, Texas spends tens of millions of dollars each year for
increased law enforcement as its citizens suffer increased crime,
unemployment, environmental harm, and social disorder due to illegal
immigration.
64. Texas spends millions of dollars each year on public education
costs to educate illegal aliens, which puts a strain on its system for citizens and
which costs are uncompensated from the federal government.
65. If the Defendants allow these new aliens into the United States
in violation of federal law, then the harm will only grow over time.
66. This increase strains Texas’s resources and ability to provide
essential services, such as emergency medical care, education, driver’s
licenses, and other public safety services.
67. Texas cannot recover from the federal government its increased
costs, which it would otherwise not incur if the federal government enforced
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the law. This affects Texas’s sovereign interests in its territory and its ability
to properly carry out such interests on behalf of the citizens of the State.
68. Alabama also “bears many of the consequences of unlawful
immigration.” Arizona v. U.S., 567 U.S. 387, 397 (2012). The State incurs
significant costs providing services to illegal aliens that it would otherwise not
incur if the federal government enforced the federal immigration law. Alabama
currently has tens of thousands of illegal aliens living in the State. Recent
reports estimate that approximately 55,000 to 73,000 illegal aliens are living
in the State; about 68% of them are uninsured; about 34% of them have
incomes below the poverty line; and these illegal aliens cost Alabama taxpayers
more than $324.9 million a year. See, e.g., MIGRATION POLICY INSTITUTE,
Unauthorized Immigrant Population Profiles, https://bit.ly/3kws01c (62,000
illegal aliens, 68% uninsured, 34% below poverty level) (last visited Jan. 23,
2023); PEW RESEARCH CENTER, U.S. Unauthorized Immigrant Population
Estimates by State (2016), https://pewrsr.ch/2NoU5VA (55,000 illegal aliens);
FEDERATION FOR AMERICAN IMMIGRATION REFORM, The Fiscal Burden of Illegal
Immigration, (2017), https://bit.ly/3ZYDMBU (73,190 illegal aliens, $324.9
million annual cost).
69. While Alabama is not a contemplated “port[] of entry” according
to DHS’s press release, see Press Release, Department of Homeland Security,
DHS Continues to Prepare for End of Title 42; Announces New Border
Enforcement Measures and Additional Safe and Orderly Processes (Jan. 5,
2023) (https://bit.ly/3QYnMvo), the federal government itself has
acknowledged that “the flow of migration directly impacts not only border
communities and regions, but also destination communities and healthcare
resources of both,” 86 Fed. Reg. at 42,835.
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70. Unlawfully adding more aliens through an abuse of the parole
power will inevitably increase the costs of Alabama’s healthcare system. See,
e.g., Plyler v. Doe, 457 U.S. 202, 223–30 (1982) (holding States constitutionally
obligated to provide free education to children of unlawfully present aliens); 42
U.S.C. § 1395dd; 42 C.F.R. § 440.255 (Medicare and Medicaid provision
requiring States to provide emergency services to unlawful aliens as condition
of program participation).
71. Alaska will also be harmed by the parole program. Alaska has
approximately 5,000 to 11,000 illegal aliens living in the State. They cost the
State more than $72 million a year. If more illegal aliens enter Alaska, that
will force Alaska to expend limited resources on education, healthcare, public
assistance, and general government services. The program is also likely to
cause increased crime and/or drug trafficking in Alaska’s communities,
requiring additional expenditures by law enforcement.
72. Arkansas spends significant amounts of money providing services
to illegal aliens because of the federal government’s abuses of federal law.
Those services include education services and healthcare, as well as many

other social services. Federal law requires Arkansas to include illegal aliens in
some of these programs. As the number of illegal aliens in Arkansas increases,
the number of illegal aliens receiving such services likewise increases.
73. The Emergency Medicaid program provides health coverage for
low-income children, families, seniors, and the disabled. Federal law requires
Arkansas to include illegal aliens in its Emergency Medicaid program. The
program costs Arkansas tens of millions of dollars annually.
74. Arkansas spends millions of dollars each year to provide public
education to illegal aliens. There are approximately 5,000 children unlawfully
present in Arkansas. MIGRATION POLICY INSTITUTE, Profile of the Unauthorized
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Population: Arkansas, https://bit.ly/3D8AK49 (last accessed Jan. 19, 2023).
Arkansas spends $7,349 on each child who attends its public schools, for a total
of $36,745,000 spent to educate children who are illegally present in Arkansas.
Ark. House of Reps., 2022 Education Adequacy Study (Jan 12, 2022),
https://bit.ly/3D6O7lh (last accessed Jan. 23, 2023). Increasing the number of
children unlawfully present will only increase that financial burden.
75. Florida will also be irreparably harmed by the parole program.
Florida expends significant state resources on providing state services to illegal
aliens within the State. The presence of these illegal aliens in Florida—who
have been excluded by federal law—violates the State’s quasi-sovereign
interest in its territory and the welfare of its citizens. It also costs the State of
Florida millions of dollars.
76. Florida’s state prison system spends more than $100 million per
year incarcerating criminal aliens who commit crimes in Florida. Only a small
fraction of this expenditure is reimbursed by the federal government under 8
U.S.C. § 1231(i).
77. Florida spends more than $8,000 per student each year on public-
school education, which it provides regardless of immigration status.
78. Florida’s Department of Children and Families provides a variety
of public services to illegal aliens at the State’s expense, including providing
shelter to victims of domestic violence, providing care to neglected children,
and providing substance abuse and mental health treatment.
79. Florida frequently pays the cost of emergency medical services for
the uninsured, which includes expenses related to the provision of medical
services to illegal aliens.
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80. Florida’s Department of Economic Opportunity provides
unemployment benefits to aliens who are eligible for work authorization,
including parolees.
81. Idaho experiences similar harms. Idaho spends significant
amounts of money providing services to illegal aliens because of the federal
government’s abuses of federal law. Those services include education services
and healthcare, as well as many other social services. Federal law requires
Idaho to include illegal aliens in those programs. Like many Western states,
the number of illegal aliens in Idaho continues to increase—likewise increasing
the number of illegal aliens receiving such services.
82. The number of illegal aliens present in Idaho is estimated to be
approximately 35,000. School age children comprise nearly 6% of that number.
83. Idaho spends tens of millions of dollars each year to increase law-
enforcement capacity, and its citizens suffer increased crime, unemployment,
environmental harm, and social disorder due to illegal immigration. See, e.g.,
MIGRATION POLICY INSTITUTE, Unauthorized Immigrant Population Profiles,

https://bit.ly/3kAAzIi (25,000 illegal aliens, 60% uninsured, 27% below poverty
level); PEW RESEARCH CENTER, U.S. Unauthorized Immigrant Population
Estimates by State (2016), https://pewrsr.ch/3WqL5z6 (35,000 illegal aliens);
The Fiscal Burden of Illegal Immigration, FEDERATION FOR AMERICAN
IMMIGRATION REFORM, The Fiscal Burden of Illegal Immigration (2017),
https://bit.ly/3ZYDMBU (50,670 illegal aliens, $225.4 million annual cost).
84. Iowa spends tens of millions of dollars providing services to illegal
aliens due to the federal government’s abuses of federal law. Those services
include education services and emergency healthcare, as well as many other
social services. Federal law requires Iowa to include illegal aliens in those
programs. As the number of illegal aliens in Iowa increases, the number of
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illegal aliens receiving such services likewise increases, and so too the burden
on the public increases.
85. In 2007, the Fiscal Services Division of the Iowa Legislative
Services Agency found that Iowa was home to an estimated 55,000 to 85,000
illegal immigrants. At that time, 16 years ago, the total cost of illegal
immigrants to the State General Fund was more than $100 million and
accounted for about 2.4% of Iowa’s general fund expenditures. IOWA
LEGISLATIVE SERVICES AGENCY FISCAL SERVICES, Undocumented Immigrants’
Cost to the State (Feb. 22, 2007), https://bit.ly/3HkKMS5. Even simply
adjusting for inflation (without accounting for any increase in services or the
number of illegal immigrants) would bring that total to nearly $150 million
annually.
86. Iowa also spends tens of millions of dollars each year for increased
law enforcement, while its citizens suffer increased crime, unemployment,
environmental harm, and social disorder, due to illegal immigration.
87. The total costs to Iowa of providing public education for illegal
alien children will rise in the future as the number of illegal alien children
present in the State increases.
88. Iowa has been identified as a hot spot for trafficking activity due
to the junction of Interstate 35 and Interstate 80. Traffickers bring illegal
immigrants to and through the State. Proactively, in 2020, Iowa became one of
the first states in the country to pass legislation to require motel and hotel staff
to receive training in human-trafficking prevention. Iowa bears the additional
costs of combating trafficking associated with illegal immigration.
89. If the Defendants are permitted to allow these new aliens into the
United States in violation of federal law, then the harm will only grow over
time.
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90. This strains Iowa’s resources and ability to provide essential
services, such as emergency medical care, public education, and other public
safety services.
91. Iowa cannot recover from the federal government its increased
costs, which it would otherwise not incur if the federal government enforced
the law. That affects Iowa’s sovereign interests in its territory and its ability
to carry out properly such interests on behalf of the citizens of the State.
92. Kansas is also harmed by the Defendants’ new parole program.

93. Kansas will be required to stretch its scarce resources even
further under the parole program because, under the program, the Defendants
will monthly admit into the interior many thousands of new aliens who will at
least temporarily reside there. This will be in addition to the many aliens who
illegally cross the border every day (whom the Defendants fail to apprehend).
See Bradford Betz, Mayorkas Testifies More Than 389,000 Migrant ‘Gotaways’
at Border, FOX NEWS (Apr. 28, 2022), https://fxn.ws/3H0U04z; U.S. CUSTOMS
AND BORDER PROTECTION, On a Typical Day in Fiscal Year 2021, CBP…,
https://bit.ly/3kDcD7d (last accessed Jan. 18, 2023) (“[CBP] [c]onducted …
1,703 apprehensions between U.S. ports of entry[,] 25 arrests of wanted
criminals at U.S. ports of entry[,] [and] 723 refusals of inadmissible persons at
U.S. ports of entry”).
94. The program will result in increased crime and drug trafficking
in Kansas communities, requiring additional expenditures by Kansas law
enforcement. This is because at least some proportion of those aliens will come
to Kansas. That means more people in Kansas, at least some proportion of
whom will engage in illegal activity and whom law-enforcement officials will
inevitably encounter. See, e.g., United States v. Salinas-Calderon, 728 F.2d
1298, 1299–1300 (10th Cir. 1984) (recounting details of a traffic stop conducted
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by a Kansas Highway Patrol Trooper who encountered six individuals in the
bed of a pickup truck who admitted they were unlawfully present in the U.S.);
see also Tim Hrenchir, City settles police SUV crash lawsuit for $335K, TOPEKA
CAPITAL-JOURNAL, Mar. 12, 2021, at A4 (“Topeka’s city government has agreed
to pay $335,000 to settle a lawsuit over an April 2016 crash in which a vehicle
driven by an [illegal alien] was hit by a Topeka police SUV, which allegedly
went through a red light while responding to a call with its lights and siren
on.”); Glenn E. Rice, Man Who Heard Voices Charged With Murdering Tattoo
Artist, KAN. CITY STAR (May 22, 2018), https://bit.ly/3wpXqca, (discussing an
illegal alien who allegedly shot and killed another motorist while driving in
Kansas City, shot and wounded two men minutes apart in Clay County, and
burglarized a residence, stole firearms, and tampered with a motor vehicle in
Jackson County); THE ASSOCIATED PRESS, Murder & Abduction Suspect Living
in U.S. Illegally, CBS NEWS DFW (Nov. 24, 2016), https://cbsn.ws/3Wy24Qf (“A
Texas woman accused of [travelling to Wichita, Kansas and] killing a [Wichita]
mother and taking her baby was in the U.S. illegally when she was released
from [Sedgwick County (KS) Jail] this summer before immigration officials had
a chance to request she be held, law enforcement authorities said.”).
95. Additionally, by incentivizing aliens from Cuba, Haiti, Nicaragua,
and Venezuela to obtain advance authorization to enter the United States, the
parole program will force Kansas to expend its limited resources on education,
healthcare, public assistance, and general government services on even more
individuals who are not U.S. citizens. See Plyler v. Doe, 457 U.S. 202, 223–30
(1982) (establishing that undocumented school-age children are entitled to a
free public education); KAN. STATE DEP’T OF EDUC., EXPENDITURES PER PUPIL:
2020–2021 at 8 (Jan. 2021) (noting 2020–2021 school year expenditures per
pupil were approximately $15,869), available at https://bit.ly/3ZPAelj;
19
KANCARE OMBUDSMAN, KANCARE GENERAL INFORMATION FACT SHEET
(Updated Nov. 19, 2020), available at https://bit.ly/3Da3MAd (“KanCare
Eligible Non-Citizens[:] To be considered eligible for any of the KanCare
medical assistance programs, non-U.S. citizens must hold (1) legal residency
in the U.S. for 5 years or more or (2) hold a certain immigration status.”); KAN.
DEP’T OF HEALTH & ENV’T, DIV. OF HEALTH CARE FIN., MKEESM MANUAL
§§ 2142, 2146 (Jan. 2023), available at https://bit.ly/3wjMLzX (pertaining to
“Qualified Non-Citizen Status” and “Documentation of Legal Status”); KAN.

DEP’T OF HEALTH & ENV’T, DIV. OF HEALTH CARE FIN., A-1 NON-CITIZEN
QUALIFICATION CHART 1 (Jan. 2023), available at https://bit.ly/3WuYXZk (“The
purpose of this chart is to provide policy guidance for eligibility staff when
addressing requests for coverage when the individual attests to being a non-
citizen and provides supporting documentation.”); see also KAN. DEP’T OF
HEALTH AND ENV’T, MEDICAID TRANSFORMATION 214 (Jan. 2009), available at
https://bit.ly/3ZTllhH (explaining Kansas’s administration of “SOBRA,” noting
“[illegal aliens] have been found to use hospital and emergency services at over
twice the rate of the overall U.S. population,” and observing that there is a
“large number of” “uninsured” illegal aliens).
96. Kansas has approximately 69,000 to 85,000 illegal aliens already
living in the State, about 64% of whom are uninsured and about 25% of whom
have incomes below the poverty line. See MIGRATION POLICY INSTITUTE, Profile
of the Unauthorized Population: Kansas, https://bit.ly/3GVy4I6 (69,000 illegal
aliens, 81% from “Mexico and Central America,” 64% uninsured, 11% below
50% of the poverty level); PEW RESEARCH CTR., U.S. Unauthorized Immigrant
Population Estimates by State, 2016 (Feb. 5, 2019), https://pewrsr.ch/2NoU5VA
(75,000 illegal aliens). These illegal aliens cost Kansas taxpayers more than
$377 million per year. See FED’N FOR AM. IMMIGRATION REFORM, The Fiscal
20
Burden of Illegal Immigration On United States Taxpayers (2017),
https://bit.ly/2zj1XSX. If more illegal aliens enter Kansas, that will increase
the costs of the State’s healthcare system (among other things).
97. Kentucky is also injured by the Defendants’ illegal program.
Kentucky will be required to stretch its scarce resources even further under
the parole program because it will cause an influx of illegal aliens to be
released into the United States, including Kentucky, which increases the
burden on the Commonwealth’s ability to provide critical governmental
services to its citizens.
98. Specifically, the parole program incentivizes further illegal
immigration by allowing illegal aliens who have already illegally entered the
United States to act as “supporters” and encourage aliens who have not yet left
their countries to do so. As a result, the Defendants’ unlawful actions will lead
to an increased number of illegal aliens in Kentucky, thereby forcing Kentucky
to expend limited resources on education, healthcare, public assistance, and
general government services.
99. Kentucky has approximately 35,000 to 56,000 illegal aliens living
in the Commonwealth; about 60% of them are uninsured; about 37% of them
have incomes below the poverty level; and they cost Kentucky taxpayers more
than $261 million per year. If more illegal aliens enter the Commonwealth,
that will increase the costs of the Commonwealth’s healthcare system.
100. According to one estimate, there are approximately 4,000 illegal
aliens residing in Kentucky that are under the age of 16. Under Kentucky law,
all children residing in the Commonwealth, regardless of lawful status, shall
attend public school until age 16, with exceptions for students who attend
private, parochial, or home school options. Ky. Rev. Stat. § 159.010. The
Defendants’ unlawful parole program will result in an increased number of
21
illegal-alien children attending public schools in the Commonwealth, which
will increase educational costs, including, but not limited to, requiring
additional faculty for ESL instruction, increased administrative costs, and
reductions in space at public school facilities.
101. Louisiana will also be injured gravely by the parole program.
Louisiana will be required to stretch its resources even further under the
parole program, because the parole program involves the unlawful release of
hundreds of thousands of illegal aliens into the United States. The parole
program will force Louisiana to expend limited resources on education,
healthcare, public assistance, and general government services.
102. Indeed, Louisiana already has approximately 70,000 to 78,000
aliens living in the State who are not lawfully in the United States. More than
70% of them do not have health insurance, about 34% of them have incomes
below the poverty level, and they cost Louisiana taxpayers more than $362
million a year. See, e.g., MIGRATION POLICY INSTITUTE, Unauthorized

Immigrant Population Profiles, https://bit.ly/3XRLr2H (70,000 illegal aliens,
73% uninsured, 34% poverty level); PEW RESEARCH CENTER U.S. Unauthorized
Immigrant Population Estimates by State (2016), https://pewrsr.ch/2NoU5VA
(70,000 illegal aliens); FEDERATION FOR AMERICAN IMMIGRATION REFORM, The
Fiscal Burden of Illegal Immigration (2017), https://bit.ly/3GZQuYm (78,820
illegal aliens, $362 million annual cost). More aliens entering the State will
increase the costs of the State’s healthcare system.
103. Louisiana spends more than $10,000 per student on public
schooling. Melanie Hanson, U.S. Public Education Spending Statistics,
EDUCATION DATA INITIATIVE (Jun. 15, 2022), https://bit.ly/3H0j5gb. Additional
aliens enrolled in public schools increase Louisiana’s education expenditures.
See Plyler, 457 U.S. at 223–30.
22
104. Defendant DHS has previously recognized that Louisiana “is
directly and concretely affected by changes to DHS rules and policies that have
the effect of easing, relaxing, or limiting immigration enforcement. Such
changes can negatively impact [Louisiana’s] law enforcement needs and
budgets, as well as its other important health, safety, and pecuniary interests
of the State of Louisiana.” Memorandum of Understanding Between DHS and
the Louisiana Department of Justice at 1-2. DHS has also recognized that
“rules, policies, procedures, and decisions that could result in significant
increases to the number of people residing in a community” will “result in
direct and concrete injuries to [Louisiana], including increasing the rate of
crime, consumption of public benefits and services, strain upon the healthcare
system, and harm to the environment, as well as increased economic
competition with the State of Louisiana's current residents for, among other
things, employment, housing, goods and services.” Id. at 3.
105. Louisiana cannot recover its increased costs, which it would
otherwise not incur if the federal government enforced the law, from the
federal government. This affects Louisiana’s sovereign interests in its territory

and its ability to carry out properly such interests on behalf of the citizens of
the State.
106. Mississippi is also injured by the parole program. Mississippi will
be required to stretch its scarce resources even further under the program
because it will cause an influx of illegal aliens who otherwise have no basis for
entering the country. The program will further incentivize and exacerbate
illegal immigration, and thus will force Mississippi to expend limited resources
on education, healthcare, public assistance, law enforcement, and general
government services.
23
107. Mississippi has approximately 20,000 to 28,000 illegal aliens
living in the State; about 75% of them are uninsured; about 49% of them have
incomes below the poverty level; and they cost Mississippi taxpayers more than
$117 million per year. If more illegal aliens enter the State, that will increase
the costs to the State’s healthcare system.
108. Missouri is directly and adversely affected by increases in illegal
immigration at the southern border. Recent studies have established that
significant numbers of illegal aliens who enter the United States end up
residing in Missouri. See Texas v. Biden, 554 F. Supp. 3d 818, 838 (N.D. Tex.
2021), aff’d, 20 F.4th 928 (5th Cir. 2021), rev’d on other grounds, 142 S. Ct.
2528 (2022). Like Texas, Missouri experiences pocketbook injuries as a result
of the unlawful presence of illegal aliens in the State in the form of education,
healthcare, and law-enforcement costs. These financial injuries are irreparable
because Missouri has no plausible recourse to recoup them.
109. Illegal aliens and their children receive education benefits from
Missouri at Missouri’s expense. See Plyler v. Doe, 457 U.S. 202, 205, 230 (1982)
(holding that the Constitution prohibits States from “deny[ing] to

undocumented school-age children the free public education that it provides to
children who are citizens of the United States or legally admitted aliens”).
110. As the District Court for the Northern District of Texas has found,
the costs to “Missouri … of providing public education for illegal alien children
will rise … as the number of illegal alien children present in the State
increases.” Texas, 554 F. Supp. 3d at 838.
111. “Some aliens who … are being released or paroled into the United
States … will use state-funded healthcare services or benefits in … Missouri.”
Id. “The total costs to [Missouri] will increase as the number of aliens within
[Missouri] increases.” Id. at 839.
24
112. Federal law requires Missouri to include illegal aliens in its
Emergency Medicaid program, which provides health coverage for low-income
children, families, seniors, and disabled persons. 42 C.F.R. § 440.255(c).
113. Missouri is also a destination State and hub for human-
trafficking crimes within the United States, due to its situation at the
confluence of several major interstate highways. See Texas, 554 F. Supp. 3d at
839 (“Missouri is … a destination and transit State for human trafficking of
migrants from Central America who have crossed the border illegally.”). Illegal
aliens are disproportionately the victims of these crimes. Some illegal aliens
also commit crimes. Human-trafficking and other crimes committed by or
against illegal aliens inflict irreparable costs on Missouri, both in law-
enforcement costs and in providing resources for victims. See id. (finding that
“[h]uman trafficking” arising from and involving increases in unlawful
immigration “causes fiscal harm to … Missouri”).
114. Additionally, Missouri is suffering a “fentanyl crisis,” and that
crisis is “worsening.” Alex Smith, Missouri’s Fentanyl Crisis is Worsening, But
Patients Can’t Get Treatment for Substance Abuse, ST. LOUIS PUBLIC RADIO
(Apr. 5, 2022), https://bit.ly/3QVv9nr. “St. Louis ranks among the deadliest
cities in the country for overdose deaths among African Americans, and … the
Black community seems caught between organized crime’s fentanyl push and
ineffective efforts to stop it.” Id. Drug smugglers unlawfully entering the
United States through the southern border are critical suppliers for
distributors of fentanyl and other illegal substances in Missouri and elsewhere
in the United States. See Anna Giaritelli, Is America’s Immigration Crisis
Causing the Fentanyl Epidemic?, WASHINGTON EXAMINER (July 13, 2022),
https://bit.ly/3wlho7Z. In addition to devastating the lives and health of
Missouri’s citizens, drug-related and other crimes committed by or against
25
illegal aliens impose major healthcare and law-enforcement costs on the State.
An increased influx of illegal aliens will exacerbate these problems. See Texas,
554 F. Supp. 3d at 839 (finding that “[s]ome aliens who … are being released
or paroled into the United States … will commit crimes in … Missouri”).
115. An increased influx of illegal aliens will also affect Missouri’s
labor market and reduce job opportunities for U.S. citizens and aliens lawfully
present in Missouri, as illegal aliens frequently compete for jobs at lower wages
than workers who are lawfully present. Missouri has a large agricultural
sector. Illegal aliens unlawfully present in Missouri distort Missouri’s labor
market and inflict irreparable injury on both the State and its citizens.
116. The State of Montana is acutely affected by modifications in
federal policy regarding immigration.
117. Montana bears the costs of illegal aliens, including their U.S.-
born children, and is forced to expend resources on education, healthcare,
public assistance, and general government services.
118. Because Montana has no state sales tax, many illegal aliens pay
virtually no state taxes. Therefore, the costs of all the public services they
consume are borne by lawfully present taxpayers.
119. Ohio will also be irreparably harmed by the parole program. Ohio
expends significant state resources on providing state services to illegal aliens
within the State. The illegal parole program will increase the number of illegal
aliens in Ohio. While illegal border crossings most severely affect border
States, the parole program requires aliens to “provide for their own commercial
travel” to the United States, and therefore will affect States beyond the border.
Populous States, including Ohio, will likely shoulder a substantial number of
illegal aliens, particularly given the requirement that the alien associate with
a United States “supporter” to gain entry.
26
120. Ohio is forced to expend resources on illegal aliens, including
emergency medical services and schooling. Ohio schools spend more than
$12,000 per pupil, on average, and Ohio provides schooling regardless of
immigration status. Ohio is unable to recover these costs from the federal
government and would not incur these costs but for the federal government’s
unlawful “parole” program.
121. The program harms Ohio’s quasi-sovereign interests by
compromising its territorial integrity and skewing its labor market.
122. South Carolina will also be irreparably harmed by the parole
program. South Carolina expends significant state resources on providing state
services to illegal aliens within the State. For example, South Carolina spends
thousands of dollars per student each year on public-school education, which
the State provides to students regardless of their immigration status.
123. The parole program will necessarily lead to a new inflow of illegal
aliens into South Carolina. By the Defendants’ own estimation, up to 30,000
qualifying individuals per month from all four countries will be admitted to the
United States under the program. The program could thus allow for the entry
of up to 360,000 new illegal aliens to enter the United States per year. Because
the program will significantly increase the total number of illegal aliens in the
country, the program will harm South Carolina by causing it to expend even
more state resources on the newly arrived illegal aliens.
124. Tennessee is also harmed. According to the Migration Policy
Institute analysis of U.S. Census Bureau data from the pooled 2015–2019
American Community Survey, Tennessee has approximately 128,000
unauthorized individuals living within the State. Tennessee spends significant
sums of money providing services to illegal aliens. Those include education
services and healthcare, as well as many other social services. As the number
27
of illegal aliens in Tennessee increases, Tennessee will be required to expend
its limited resources and additional money on education, healthcare, public
assistance, and general government services.
125. The parole program will force Tennessee to increase expenditures
on K–12 education. Tennessee spends thousands of dollars per student each
year on public school education, which the State provides to students
regardless of their immigration status. Tennessee spends approximately $5.5
billion of state funds on K–12 education, a portion of which is already spent on
students regardless of immigration status, and additional funding will be
required due to the parole program.
126. The parole program will also require Tennessee to increase
expenditures on various social services like healthcare. Tennessee already
spends approximately $214 million on total uncompensated care costs at public
hospitals. Additionally, Tennessee expended approximately $46.7 million on
healthcare coverage for undocumented immigrants in its CoverKids (CHIP)
program. These expenditures will increase under the parole program.
127. Utah is also harmed. The parole program will create increased
crime and drug trafficking in Utah’s communities, requiring additional
expenditures by law enforcement. In addition, by increasing illegal
immigration, the parole program will force Utah to expend limited resources
on education, healthcare, public assistance, and general government services.
128. Utah has approximately 89,000 to 113,000 illegal aliens living in
the State; about 61% of them are uninsured; about 23% of them have incomes
below the poverty line; and they cost Utah taxpayers more than $521 million
a year. See, e.g., MIGRATION POLICY INSTITUTE, Unauthorized Immigrant
Population Profiles, https://bit.ly/3WBikj7 (89,000 illegal aliens, 61%
uninsured, 23% below poverty level); PEW RESEARCH CENTER, U.S.
28
Unauthorized Immigrant Population Estimates by State (2016),
https://pewrsr.ch/3XOB5Rd (95,000 illegal aliens); FEDERATION FOR AMERICAN
https://bit.ly/3GYoowp (112,600 illegal aliens, $521 million annual cost).
129. The State of West Virginia is affected by modifications in federal
policy regarding immigration. It incurs costs related to its nearly 4,000 illegal
aliens, including their U.S.-born children, and expends resources on education,
healthcare, public assistance, and general government services. For example,
West Virginia spends more than $12,000 per year per public-school student,
and it provides public education and related benefits (such as free or reduced-
price meals) irrespective of immigration status. West Virginia makes illegal
aliens paroled under 8 U. S. C. § 1182(d)(5) eligible for Medicaid. If more illegal
aliens enter West Virginia, that will increase West Virginia's education,
healthcare, and other costs.
130. Wyoming is also injured by the Defendants’ new parole program.
Wyoming will be required to stretch its scarce resources even further under
the new program because it will cause an influx of illegal aliens to be released
into the United States (including to Wyoming) which increases the burden on
Wyoming’s ability to provide critical governmental services to its citizens. The
Defendants’ unlawful actions will lead to an increased number of illegal aliens
in Wyoming, thereby forcing Wyoming to expend additional resources on
education, healthcare, public assistance, and general government services.
131. Wyoming has approximately 5,000 to 7,000 illegal aliens living in
the State, and they cost Wyoming taxpayers more than $26.1 million a year.
See, e.g., MIGRATION POLICY INSTITUTE, Unauthorized Immigrant Population
Profiles, https://bit.ly/407NphJ (7,000 illegal aliens); PEW RESEARCH CENTER,
U.S. Unauthorized Immigrant Population Estimates by State (2016),
29
https://pewrsr.ch/2NoU5VA (5,000 illegal aliens); FEDERATION FOR AMERICAN
https://bit.ly/3WAo0tH (<6,000 illegal aliens, $26.1 million annual cost).
132. If more illegal aliens enter the State, that will increase the costs
of the State’s healthcare system.

Claims for Relief
Count One (APA)
133. Under the Administrative Procedure Act (APA), 5 U.S.C. § 706, a
court shall decide all relevant questions of law, interpret the constitution and
statutes, and determine the meaning or applicability of the terms of an agency
action. Then, it shall hold unlawful and set aside agency action, findings, and
conclusions found to be arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law; contrary to constitutional right, power,
privilege, or immunity; in excess of statutory jurisdiction, authority, or
limitations, or short of statutory right; and without observance of procedure
required by law.
134. The Defendants’ parole program should be held unlawful and set
aside because:
a. The program exceeds the Defendants’ statutory parole authority
under 8 U.S.C. § 1182(d)(5).
b. The Defendants unlawfully failed to engage in notice-and-comment
rulemaking.
30
c. The Defendants arbitrarily created a program that allows hundreds
of thousands of aliens to enter the United States with no
consideration of their ability to remove those aliens from the United
States at the end of their respective periods of parole.
d. The Defendants arbitrarily created a program that relies upon an
alien obtaining a “sponsor” who agrees to provide support for the
alien, but with no meaningful mechanism to legally enforce such an
agreement against the sponsor.
e. The Defendants arbitrarily did not consider and account for the
Plaintiff States’ legally recognized reliance interest in the
enforcement of federal immigration statutes, including by not
allowing into the United States individuals who have no right to be
here.
Count Two (Ultra Vires)
135. A plaintiff may “institute a non-statutory review action” against
an agency head “for allegedly exceeding his statutory authority.” Chamber of
Com. of U.S. v. Reich, 74 F.3d 1322, 1327–28 (D.C. Cir. 1996).
136. The Defendants’ parole program exceeds their statutory parole
authority under 8 U.S.C. § 1182(d)(5).
31
Prayer for Relief

For these reasons, the Plaintiff States ask that the Court:
• Stay, postpone, or preliminarily enjoin the Defendants’
implementation of the parole program;
• Following a trial on the merits, decree that the parole program
was issued in violation of the APA and vacate it, set it aside, or in
the alternative, permanently enjoin the Defendants from
implementing it;
• Declare that the parole program exceeds the Defendants’
statutory parole authority under 8 U.S.C. § 1182(d)(5);
• Award the Plaintiff States their attorneys’ fees and costs of court;
and
• Award the Plaintiff States all other relief to which they may be
entitled.
32
Dated January 24, 2023. Respectfully submitted,
KEN PAXTON /s/ Aaron F. Reitz

Attorney General of Texas AARON F. REITZ
Lead Counsel
BRENT WEBSTER Deputy Attorney General for Legal Strategy
First Assistant Attorney General Texas Bar No. 24105704
Southern District of Texas No. 3653771
GRANT DORFMAN [email protected]
Deputy First Assistant Attorney LEIF A. OLSON
General Chief, Special Litigation Division
Texas Bar No. 24032801
OFFICE OF THE ATTORNEY GENERAL Southern District of Texas No. 33695
P.O. Box 12548 [email protected]
Austin, Texas 78711-2548
Tel: (512) 936-1700 RYAN D. WALTERS
Special Counsel
Southern District of Texas No. 3369185
[email protected]
GENE P. HAMILTON*
America First Legal Foundation
300 Independence Avenue SE
Washington, DC 20003
Tel: (202) 964-3721
[email protected]
Counsel for the State of Texas
*Application for admission forthcoming
33
STEVE MARSHALL
Alabama Attorney General
EDMUND G. LACOUR JR.
Solicitor General
Office of the Attorney General
State of Alabama
501 Washington Avenue
P.O. Box 300152
Montgomery, Alabama 36130-0152
Tel: (334) 242-7300
Fax: (334) 353-8400
[email protected]
Counsel for the State of Alabama
TREG R. TAYLOR
Attorney General of Alaska
CORI M. MILLS
Deputy Attorney General of Alaska
CHRISTOPHER A. ROBISON
Alaska Bar No. 2111126
Assistant Attorney General
Alaska Department of Law
1031 W. 4th Avenue, Suite 200
Anchorage, Alaska 99501-1994
[email protected]
Counsel for the State of Alaska
TIM GRIFFIN
Arkansas Attorney General
NICHOLAS J. BRONNI
Arkansas Solicitor General
HANNAH L. TEMPLIN
Assistant Solicitor General
Office of the Arkansas
Attorney General
323 Center Street, Suite 200
Little Rock, Arkansas 72201
Counsel for the State of Arkansas
34
ASHLEY MOODY
Attorney General of Florida
JAMES H. PERCIVAL (FBN 1016188)
Deputy Attorney General of Legal
Policy
The Capitol, Pl-01
Tallahassee, Florida 32399-1050
Tel: (850) 414-3300
Fax: (850) 410-2672 (fax)
[email protected]
Counsel for the State of Florida
RAÚL R. LABRADOR
Attorney General of Idaho
DAVID M.S. DEWHIRST, ISB No. 12141
Chief Deputy Attorney General
700 W. Jefferson Street, Ste. 210
P.O. Box 83720
Boise, Idaho 83720-0010
Tel: (208) 334-2400
Fax: (208) 854-8071
[email protected]
Counsel for the State of Idaho
BRENNA BIRD
Attorney General of Iowa
ERIC H. WESSAN
Solicitor General
1305 E. Walnut Street
Des Moines, Iowa 50319
Tel: (515) 281-5164
Fax: (515) 281-4209
[email protected]
Counsel for the State of Iowa
35
KRIS KOBACH
Attorney General of Kansas
JESSE A. BURRIS, Kan. Sup. Ct. #26856
Assistant Attorney General
Office of Kansas Attorney General Kris
Kobach
120 SW 10th Avenue, 2nd Floor
Topeka, Kansas 66612-1597
Tel: (785) 368-8197
Fax: (785) 296-3131
[email protected]
Counsel for the State of Kansas
DANIEL CAMERON
Attorney General of Kentucky
MARC MANLEY
Associate Attorney General
Kentucky Office of the
Attorney General
700 Capital Avenue, Suite 118
Frankfort, Kentucky
Tel: (502) 696-5478
Counsel for the Commonwealth of Kentucky
JEFF LANDRY
Attorney General of Louisiana
ELIZABETH B. MURRILL (La #20685)
Solicitor General
JOSEPH SCOTT ST. JOHN (La #36682)
Deputy Solicitor General
Louisiana Department of Justice
1885 N. Third Street
Baton Rouge, Louisiana 70804
Tel: (225) 326-6766
[email protected]
[email protected]
Counsel for the State of Louisiana
36
LYNN FITCH
Attorney General of Mississippi
JUSTIN L. MATHENY
Office of the Mississippi
Attorney General
P.O. Box 220
Jackson, MS 39205-0220
Tel: (601) 359-3680
[email protected]
Counsel for the State of Mississippi
ANDREW BAILEY
Attorney General of Missouri
JOSHUA M. DIVINE, Mo. Bar #69875
Solicitor General
CHARLES F. CAPPS, Mo. Bar #72734
Missouri Attorney General’s Office
Post Office Box 899
Jefferson City, Missouri 65102
Tel: (573) 751-8870
Fax: (573) 751-0774
[email protected]
Counsel for the State of Missouri
AUSTIN KNUDSEN
Attorney General of Montana
CHRISTIAN B. CORRIGAN
Solicitor General
PETER M. TORSTENSEN, JR.
215 N Sanders
Helena, Montana 59601
Tel: (406) 444-2026
[email protected]
Counsel for the State of Montana
37
MICHAEL T. HILGERS
Attorney General of Nebraska
ERIC J. HAMILTON
Office of the Nebraska Attorney General
2115 State Capitol
Lincoln, Nebraska 68509
Tel: (402) 471-2682
[email protected]
Counsel for the State of Nebraska
DAVE YOST
Ohio Attorney General
SYLVIA MAY MAILMAN
Ohio Deputy Solicitor General
30 E. Broad St., 17th Floor
Columbus, OH 43215
Tel: (614) 466-8980
[email protected]
Counsel for the State of Ohio
ALAN WILSON
Attorney General of South Carolina
THOMAS T. HYDRICK
Assistant Deputy Solicitor General
Post Office Box 11549
Columbia, SC 29211
Tel: (803) 734-4127
[email protected]
Counsel for the State of South Carolina
JONATHAN SKRMETTI
Tennessee Attorney General and Reporter
CLARK L. HILDABRAND
P.O. Box 20207
Nashville, TN 37202
Tel: (615) 253-5642
[email protected]
Counsel for the State of Tennessee
38
SEAN D. REYES
Utah Attorney General
MELISSA HOLYOAK
Utah Solicitor General
350 N. State Street, Suite 230
P.O. Box 142320
Salt Lake City, UT 84114-2320
Tel: (801) 538-9600
[email protected]
Counsel for the State of Utah
PATRICK MORRISEY
Attorney General of West Virginia
LINDSAY SEE
Solicitor General
MICHAEL R. WILLIAMS
Senior Deputy Solicitor General
Office of the West Virginia Attorney General
State Capitol, Bldg 1, Room E-26
Charleston, WV 25305
Tel: (681) 313-4550
[email protected]
[email protected]
Counsel for the State of West Virginia
BRIDGET HILL
Wyoming Attorney General
RYAN SCHELHAAS
Chief Deputy Attorney General
Wyoming Attorney General’s Office
109 State Capitol
Cheyenne, WY 82002
Tel: (307) 777-5786
[email protected]
Counsel for the State of Wyoming
39

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Case 6:23-cv-00007 Document 1 Filed on 01/24/23 in TXSD Page 1 of 39

United States District Court

U.S. DEPARTMENT OF HOMELAND SECURITY;

TAE JOHNSON, in his official capacity as

without the formalities of legislation from Congress—by announcing that it

with eligibility for employment authorization.

2. The Department’s parole power is exceptionally limited, having

case basis for urgent humanitarian reasons or significant public benefit.” 8

U.S.C. § 1182(d)(5)(A). But the Department’s new “parole” program allows

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

humanitarian reasons, and advances no significant public benefit. Instead, it

amounts to the creation of a new visa program that allows hundreds of

4. In establishing this unlawful program, the Department did not

engage in notice-and-comment rulemaking under the Administrative

United States hundreds of thousands of aliens who otherwise have no other

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.

announced with this program.

Department’s lawless parole program.

9. Plaintiff State of Alabama is a sovereign State of the United

10. Plaintiff State of Alaska is a sovereign State of the United States

11. Plaintiff State of Arkansas is a sovereign State of the United

12. Plaintiff State of Florida is a sovereign State of the United States

13. Plaintiff State of Idaho is a sovereign State of the United States

14. Plaintiff State of Iowa is a sovereign State of the United States of

15. Plaintiff State of Kansas is a sovereign State of the United States

16. Plaintiff Commonwealth of Kentucky is a sovereign State of the

United States of America.

17. Plaintiff State of Louisiana is a sovereign State of the United

18. Plaintiff State of Mississippi is a sovereign State of the United

19. Plaintiff State of Missouri is a sovereign State of the United

20. Plaintiff State of Montana is a sovereign State of the United

21. Plaintiff State of Nebraska is a sovereign State of the United

22. Plaintiff State of Ohio is a sovereign State of the United States of

23. Plaintiff State of South Carolina is a sovereign State of the United

24. Plaintiff State of Tennessee is a sovereign State of the United

25. Plaintiff State of Utah is a sovereign State of the United States of

26. Plaintiff State of West Virginia is a sovereign State of the United

27. Plaintiff State of Wyoming is a sovereign State of the United

and Immigration Services (USCIS), U.S. Customs and Border Protection

to enforce the Immigration and Nationality Act (INA).

29. Defendant Alejandro Mayorkas is the Secretary of DHS. The

Plaintiff States sue him in his official capacity.

30. Defendant Ur Jaddou is the Director of USCIS. The Plaintiff

States sue her in her official capacity.

31. Defendant Troy Miller is the Acting Commissioner of CBP. The

Plaintiff States sue him in his official capacity.

32. Defendant Tae Johnson is the Acting Director of ICE. The

Plaintiff States sue him in his official capacity.

Jurisdiction and Venue

1346, 1361; 5 U.S.C. §§ 702–703. It has jurisdiction under 5 U.S.C. §§ 705–706

and 28 U.S.C. §§ 1361 and §§ 2201–2202 to render the declaratory and

injunctive relief that the Plaintiff States request.

in this district. 28 U.S.C. § 1391(e).

I. The Parole Authority.

or who are otherwise subject to mandatory detention. See 8 U.S.C. § 1182(d)(5).

36. Specifically, Congress has directed that parole may only be