Eight Red States Are Suing to Keep Migrants and Their Kids Apart

It’s not Republicans’ first shot at breaking up families, and it probably won’t be their last.

A migrant child from Guatemala waits in the McAllan, Texas, airport after being released from a US detention center.Ed Jones/AFP/Getty

Get your news from a source that’s not owned and controlled by oligarchs. Sign up for the free Mother Jones Daily.

Eight Republican-led states sued Friday to stop a Biden administration program that allows Central American child refugees to legally join their parents in the United States.

The Central American Minors Refugee and Parole Program, which allows minors in El Salvador, Guatemala, and Honduras to join their parents the United States, began under President Barack Obama to provide a legal alternative for children who relied on smugglers to rejoin their parents. The Trump administration halted the program in 2017, and it remained defunct until last year, when it was restored and expanded under President Joe Biden. CAMP now includes legal guardians in addition to parents and step-parents, as well as those who have applied for asylum or visas granted to certain crime victims.

“We are firmly committed to welcoming people to the United States with humanity and respect, and reuniting families,” the Departments of State and Homeland Security said in a joint statement on the program’s restoration. “We are delivering on our promise to promote safe, orderly, and humane migration from Central America through this expansion of legal pathways to seek humanitarian protection.”

The suit, filed in a Texas federal court, complains that if a migrant from El Salvador, Guatemala, or Honduras “has so much as a pending application for asylum, they can petition” to be reunited with their kids. It claims that the expanded program is illegal because it lacks Congressional authorization—the same argument many Republicans deployed against DACA. Texas is joined in the suit by the states of Arkansas, Alaska, Florida, Indiana, Missouri, Montana, and Oklahoma.

Texas is a go-to state for Republican lawsuits aimed at stopping pro-immigration policies, including lawsuits to block DACA and force the continuation of Trump’s “Remain in Mexico” policy. The state has a number of GOP-appointed judges with histories of blocking Obama and Biden administration plans intended to benefit migrants. This case is just the latest attempt to mobilize that judiciary against Democratic immigration reforms—now with the added advantage of a far-right Supreme Court.

BEFORE YOU CLICK AWAY...

Trump is clamping down on the media—using lawsuits, lies, intimidation, and a thuggish Federal Communications Commission. Corporate media are caving, but Mother Jones won’t back down. To help us stand strong, a generous board member has chipped in a $50,000 digital matching gift. Help us make the most of it!

Every contribution through September 30 will be matched dollar-for-dollar.

We have nearly 50 years of experience standing up to bullies. Government intimidation, nuisance lawsuits, threats to our nonprofit status—we’ve seen it all. Yet because we’re supported by a community of readers like you, we’re still here and still reporting like hell. Please stand with us. Every dollar you give will go twice as far.

payment methods

BEFORE YOU CLICK AWAY...

Trump is clamping down on the media—using lawsuits, lies, intimidation, and a thuggish Federal Communications Commission. Corporate media are caving, but Mother Jones won’t back down. To help us stand strong, a generous board member has chipped in a $50,000 digital matching gift. Help us make the most of it!

Every contribution through September 30 will be matched dollar-for-dollar.

We have nearly 50 years of experience standing up to bullies. Government intimidation, nuisance lawsuits, threats to our nonprofit status—we’ve seen it all. Yet because we’re supported by a community of readers like you, we’re still here and still reporting like hell. Please stand with us. Every dollar you give will go twice as far.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate