Problem:
The Biden Administration created a program named the “Central American Minors Program,” or “CAM,” for illegal aliens from El Salvador, Guatemala, or Honduras to petition the federal government to bring their minor children into the United States. So long as an illegal alien has a pending application for asylum, they can begin the process for their relative to enter and reside within the United States for a practically indefinite period. This program does not just include minor children, but it also qualifies the in-country parent of a qualifying child, a legal guardian, or a child’s primary caregiver. This program is an unlawful combination of two different statutory authorities: the Refugee Admissions Program under 8 U.S.C. § 1157 and the “parole” authority under 8 U.S.C. § 1182(d)(5)(A).
Action:
Serving as co-counsel, AFL and eight states filed suit to have the CAM Program deemed unlawful and prevent the federal government from carrying out the program until the government engages in proper rulemaking pursuant to the Administrative Procedure Act, as this rule lacks Congressional authorization.
Result:
The case is currently pending in the U.S. District Court for the Northern District of Texas.
