Biden policy that has allowed 200,000 migrants to enter U.S. faces legal test

A Biden administration program that has allowed more than 200,000 migrants from Latin America and Haiti with American sponsors to fly to the U.S. in 10 months is facing a key legal test this week as a federal judge in Texas reviews its legality.

U.S. District Judge Drew Tipton is kicking off a bench trial Thursday on a lawsuit from Texas and other Republican-led states seeking to shut down the migrant sponsorship policy, which allows up to 30,000 Cubans, Haitians, Nicaraguans and Venezuelans to enter the U.S. each month and apply for work permits.

The GOP-led states are asking the judge to issue an injunction that would prohibit the government from "implementing or enacting any part of" the program nationwide.

The outcome of the lawsuit will determine the fate of a key component of the Biden administration border management strategy, which pairs programs that allow certain migrants to enter the U.S. legally if they wait to be vetted with stricter asylum rules for those who cross into the country illegally.

As of Aug. 22, U.S. officials at airports have processed 200,279 migrants under the sponsor initiative, allowing them to live and work in the country legally for two years through an immigration law known as parole, according to internal government data obtained by CBS News. The statistics, which have not been previously reported, show that 67,926 Haitians, 58,918 Venezuelans, 43,149 Cubans and 30,736 Nicaraguans have arrived under the policy.

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