Texas AG Paxton announces lawsuit targeting refugee program for children

Surrounded by a dozen Republican attorneys general from around the country, Texas Attorney General Ken Paxton on Friday announced the latest in a series of lawsuits he has filed against the Biden administration. The suit targets a program first implemented under President Barack Obama which allowed for children from the Northern Triangle countries of Guatemala, Honduras and El Salvador to legally apply for refugee status if they meet certain criteria. “We are filing another lawsuit against the Biden administration today related to the Central American Minors program, which we view as completely illegal,” Paxton said during the news conference in Edinburg. “It has been used by this administration to bring people from certain countries in and then allow them to bring their families here.”

The Central American Minors Program, or CAM, allows for parents or legal guardians who are legally present in the United States to apply for refugee status for their children who are still in one of the three Northern Triangle countries. In order to qualify, the parent must be a legal permanent resident, have temporary protected status, be in deferred action or deferred departure, be in withholding of removal, or be on parole, according to a FAQ sheet provided by the U.S. Department of State. The parent may also qualify to apply if they are currently applying for asylum, or even so-called “U-visas,” which are granted to survivors of criminal activity, such as sex trafficking, sexual assault, or domestic violence. The parent may apply for their children who are under the age of 21 and unmarried, including stepchildren and legally adopted children. The CAM applications are then processed on the ground in El Salvador, Guatemala or Honduras. If a U.S. immigration official determines that a child is not eligible for refugee status, then they “will be considered by USCIS on a case-by-case basis for parole into the United States,” according to the State Department.