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IMMIGRATION JULY 21, 2023 | The Indian Eye 39

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of the program therefore suffers from the Returning to the idea of how this ini- who are caught in backlogs can make a jus- ily members has been shelved for the time
same redressability problem identified by tiative can be broadened, parole can po- tification for parole for urgent humanitar- being unless Congress is able to provide
Judge Gorsuch. Similarly, the states chal- tentially be expanded to all beneficiaries of ian reasons to unite with family members clarification on §203(d). Even if the admin-
lenging the DACA program have alleged approved I-130, I-140, and I-526 petitions in the US. Simply go to your App Store or Play Store
istration issues a new interpretation to INA
indistinct injuries similar to those articulat- who are waiting overseas in the green card Out of the four proposals Cyrus Me- § 203(d) and abandons the position it took
ed by Texas in United States v. Texas. Be- backlogs. Even if parole is expanded, the hta made to the Biden administration in in Wang v. Blinken, the DC Circuit Court
cause the Supreme Court found that Texas administration can still remain faithful to May 2021 for reforming the legal immigra- of Appeal’s interpretation will still prevail
lacked standing to challenge the Biden ad- INA § 212(d)(5) by approving parole on a tion system without waiting for Congress to within the jurisdiction.
ministration’s guidelines, DACA recipients discretionary and case-by-case basis for ur- act, we are happy to see that two have come As Texas v. United States has made
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have argued that states do not have stating gent humanitarian reasons or a significant to fruition- parole for beneficiaries of I-130 it harder for a state like Texas, which has
to challenge the DACA program based on public benefit. For instance, it may be pos- petitions and using the Dates for Filing reflexively sued on every immigration
similar theories. sible to justify the parole of certain benefi- (DFF) for protecting the age of the child policy to get standing, the Biden admin-
DOJ attorneys and intervenor defen- ciaries of I-526 petitions who have made a under the Child Status Protection Act. istration should consider moving forward
dants filed a joint motion on July 7, 2023, minimum investment of $500,000 in a US Cyrus Mehta has also proposed that the more boldly by reforming the immigration
asking Judge Tipton of the United States business prior to May 15, 2022 or $800,000 administration has the authority to advance system through executive actions without
District Court for the Southern District after this date, and created 10 jobs as that the DFF in the State Department Visa Bul- fear of being sued by these states. It may
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of Texas to delay a bench trial in the ear- could be considered a significant public letin to current to maximize the number of be no coincidence that the latest family re-
lier lawsuit filed by Texas to challenge the benefit. The same justification can be made people who can file for adjustment of status unification parole initiative was unveiled
Biden administration’s parole program for certain beneficiaries of approved I-140 in the US. Cyrus Mehta has also proposed within two weeks of the favorable ruling for
for Cubans, Haitians, Nicaraguans, and petitions in the EB-1, EB-2, and EB-3 that there is nothing in INA § 203(d) that the Biden administration in Texas v. United
Venezuelans. Although the motion argued preference categories whose presence in requires the counting of derivatives in the States!
that the outcome of United States v. Tex- the US can benefit US employers who have family and employment green card pref-
as would determine whether Texas had sponsored them through the labor certifi- erences, although since the submission of [This blog is for informational purposes
standing in the federal suit, Judge Tipton cation process or who have demonstrated this proposal, the DC Circuit Court of Ap- only and should not be considered as a
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predictably declined to push back the tri- that they are either persons of extraordi- peals in Wang v. Blinken ruled that INA § substitute for legal advice]
al date. Texas had previously argued that nary ability or are well situated to advance 203(d) requires the counting of derivative. *Kaitlyn Box is a Senior Associate at
the parole program is distinguishable from the national interest of the United States. Hence, any hope of administrative reform Cyrus D. Mehta & Partners PLLC.
the Biden administration’s enforcement Beneficiaries of approved I-130 petitions with regards to the unitary counting of fam-
guidelines because “[w]hatever discretion _________________________________________________________________________________________________________
[the administration] might have in choos- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta & Partners
ing which aliens to arrest or otherwise take
into custody, [it has] no discretion to parole PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee; former
into the country aliens who do not meet the chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee, Appellate
statutory criteria for parole.” At this point, Division, First Department, New York; member of the ABA Commission on Immigration; board member of Volunteers for Legal Ser-
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states like Texas are arguing that their legal vices and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American
challenges to Biden’s earlier humanitarian Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York City Bar Association.
parole or DACA program can be distin- He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an adjunct professor of law at
guished from United States v. Texas, which Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith Lowenstein
involved enforcement priorities, while the Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael Maggio Memorial Award for his outstand-
Biden administration and intervenors such ing efforts in providing pro bono representation in the immigration field. He has also received two AILA Presidential Commendations
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as DACA recipients are arguing that Texas
should not have standing to challenge even in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by Who’s Who Legal – Corporate
other immigration programs. Immigration Law 2019 and is also ranked in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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