In a decisive ruling two days after the election, a federal court in Texas blocked President Biden’s “parole in place” policy, which aimed to provide legal residence to illegal immigrants who are spouses of U.S. citizens. This policy faced a legal challenge from 16 states and was ultimately struck down by the U.S. District Court for the Eastern District of Texas. The court’s decision marks a significant moment in immigration law enforcement, signaling the judiciary’s disapproval of executive actions that bypass the traditional visa process.

Launched in June, “parole in place” was criticized as a form of “backdoor amnesty.” By treating illegal spouses of U.S. citizens as legally admitted individuals, the policy aimed to eliminate the existing three- and ten-year reentry bars imposed on those who unlawfully stayed in the U.S. Instead, they could have swiftly applied for green cards and, ultimately, citizenship. Opponents argued that this would incentivize more illegal immigration and place additional strain on federal and state resources.

Simon Hankinson, a senior research fellow at the Heritage Foundation, highlights that the Biden administration has increasingly relied on “parole” authority to permit entry of foreign nationals, often without credible background checks. This has included programs targeting individuals from Afghanistan, Ukraine, and Latin American countries. A recent phone application, CBP One, was also used to facilitate scheduled appointments for entry, bypassing official U.S. Refugee Admissions policy and allowing 1,400 individuals a day to enter legally at ports of entry.

With an estimated 30,000 monthly entrants from several Latin American countries using Biden’s parole programs, Hankinson argues that Biden’s policies have effectively normalized what previous administrations viewed as a “crisis” level of illegal entries. Biden’s expansive use of parole authority has allowed daily admissions to far exceed limits previously seen as manageable, contributing to ongoing debates over immigration law.

This recent court decision may signal the beginning of judicial limitations on parole-based immigration programs, setting the stage for the incoming Trump-Vance administration to restore the rule of law in U.S. immigration policy.