Amicus Brief in Texas v. DHS
US District Court for the Southern District of Texas
August 11, 2023
Introduction
In early 2023, the Department of Homeland Security (“DHS”) launched the “Processes for Cubans, Haitians, Nicaraguans, and Venezuelans” (the “CHNV Program” or “Program”) in conjunction with various interrelated enforcement policies in an effort to reduce unauthorized immigration and increase security at the Southwest land border. The Program and those policies combine tougher consequences for unauthorized immigration with a safe, legal, and orderly process for CHNV nationals to apply for parole and lawfully enter the U.S. In the months following policy implementation, unauthorized entries at the Southwest border have dropped precipitously, relieving strain on border enforcement resources and strengthening border security.
A coalition of states led by Texas (the “States”) allege that the Program will increase immigration from CHNV countries, thereby increasing the States’ costs of providing social services. In fact, the opposite is true: As with unauthorized border entries, the overall level of immigration by CHNV nationals (legal plus unauthorized) has plummeted since the Program began. Therefore, even if the States’ speculative (and inflated) cost estimates are taken at face value, the Program has significantly reduced their expenditures, benefiting – not harming – the States.
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