United States prevails in lawsuit by State of New Mexico and City of Albuquerque challenging Department of Homeland Security’s policies for parole of asylum seekers

            ALBUQUERQUE, N.M. – United States Attorney John C. Anderson announced today that the federal government has prevailed in a lawsuit filed by the State of New Mexico and the City of Albuquerque challenging the practices of the Department of Homeland Security and certain high-ranking federal immigration officials in temporarily paroling aliens seeking asylum in the United States.  

            United States District Judge James O. Browning dismissed the lawsuit on March 31 after finding DHS fully complied with the law.  The court found DHS acted within its power and discretion by paroling aliens in New Mexico and elsewhere without providing them with travel assistance to other parts of the country.

            The State of New Mexico and City of Albuquerque previously filed the lawsuit on June 10, 2019. In dismissing the lawsuit, the court found sovereign immunity protected the federal government from liability and the defendants’ claims were not reviewable under the Administrative Procedures Act.  The court also found that the federal government’s policies satisfied the Due Process Clause and other constitutional standards. 

            Assistant U.S. Attorney Manuel Lucero represented the United States in this matter.