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PR23 03

The Tennessee Attorney General filed a complaint against the Department of Homeland Security for abusing its parole authority. The complaint was joined by 19 other states and argues that DHS's new plan to parole hundreds of thousands of immigrants annually exceeds its limited parole power and amounts to an unauthorized visa program. The states claim this will cause substantial harm by overwhelming their territories with more immigrants entering. The Attorney General says DHS must follow immigration laws instead of establishing its own policies through executive overreach.

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181 views1 page

PR23 03

The Tennessee Attorney General filed a complaint against the Department of Homeland Security for abusing its parole authority. The complaint was joined by 19 other states and argues that DHS's new plan to parole hundreds of thousands of immigrants annually exceeds its limited parole power and amounts to an unauthorized visa program. The states claim this will cause substantial harm by overwhelming their territories with more immigrants entering. The Attorney General says DHS must follow immigration laws instead of establishing its own policies through executive overreach.

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Anonymous GF8PPILW5
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FOR IMMEDIATE RELEASE CONTACT: Elizabeth Lane

January 25th, 2023 elizabeth.lane@ag.tn.gov


#23-03

TN AG SKRMETTI FILES COMPLAINT AGAINST DEPARTMENT OF HOMELAND


SECURITY CITING ABUSE OF PAROLE AUTHORITY

Nashville- Tennessee Attorney General Jonathan Skrmetti joined a 19 state coalition in demanding
the Department of Homeland Security (DHS) reverse course regarding a new plan to parole hundreds
of thousands of aliens into the United States.

Under the false pretense of preventing aliens from unlawfully crossing the border, DHS has
effectively created a new visa program by announcing 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. The program allows aliens to obtain advance authorization to enter the United States, with
eligibility for employment.

“It’s a fundamental principle of American life that the government must follow the law. The
administration’s actions are not consistent with our country’s immigration laws,” General Skrmetti
said. “The executive branch’s immigration parole power is limited and may only be used on a case-
by-case basis for urgent humanitarian reasons or significant public benefit. The program we are
challenging illegitimately attempts to turn this narrow parole power into a broad new visa program.”

The Supreme Court recently affirmed the limited nature of parole power, the brief explains, noting
that “[parole power] is not unbounded… Under the [Administrative Procedure Act], DHS’s exercise
of discretion within that statutory framework must be reasonable and reasonably explained.”

According to the brief, the program established by DHS “flaunts, rather than follows, the clear
limitations imposed by Congress.”

The State of Texas led the effort, citing the possibility of substantial, irreparable harms should
hundreds of thousands of additional aliens be permitted to enter its already overwhelmed territory.
General Skrmetti signed on in addition to state attorneys general from Alabama, Alaska, Arkansas,
Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio,
South Carolina, Utah, West Virginia, and Wyoming.

###

P.O. Box 20207, Nashville, Tennessee 37202 www.tn.gov/attorneygeneral

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