Judge Pauses Biden Program for Immigrant Spouses of U.S. Citizens

 August 27, 2024

A federal judge in Texas has temporarily blocked the Biden administration's new policy aimed at granting legal status to unauthorized immigrants married to U.S. citizens.

This ruling, issued by District Court Judge J. Campbell Barker, effectively suspends a significant immigration program that had just begun last week. According to CBS News, the decision comes in response to a lawsuit filed by 16 Republican-led states challenging the policy.

The program, known as Keeping Families Together, was designed to address the situation of undocumented immigrants who have been living in the United States for an extended period without legal status. It offered a pathway to temporary work permits, deportation protections, and, ultimately, permanent residency for eligible individuals married to American citizens.

Policy Details And Eligibility Criteria

The Keeping Families Together initiative was announced as part of President Biden's efforts to reform immigration policies. Under this program, unauthorized immigrants could apply for parole, a temporary immigration benefit, if they met specific criteria. Applicants needed to be married to U.S. citizens, have lived in the country for at least a decade, and pass background checks.

The policy also extended to undocumented stepchildren of American citizens. However, individuals with felony convictions were not eligible for the program. One of the most significant aspects of this initiative was its provision of a streamlined path to permanent residency and eventual U.S. citizenship for those who qualified.

Existing immigration laws generally require individuals who entered the U.S. illegally to leave the country and re-enter legally to be eligible for a green card. This requirement often triggers lengthy bans from re-entering the U.S., deterring many mixed-status families from pursuing legal status.

Legal Challenge And Court Ruling

The lawsuit challenging the Biden administration's policy was filed by Texas and 15 other Republican-controlled states. These states argued that the program effectively rewards illegal immigration and misuses the immigration parole authority. The legal challenge is part of a broader pattern of Republican-led states opposing many of the Biden administration's immigration initiatives.

Judge Barker's administrative order prohibits the Department of Homeland Security from granting parole to applicants under the Keeping Families Together policy.

While the order is currently set for 14 days, the judge indicated that it could be extended. Despite the halt on approvals, federal officials are still permitted to accept applications for the program.

Administration's Response And Future Implications

The Department of Homeland Security has confirmed compliance with the court's decision. A spokesperson for the agency, Naree Ketudat, stated:

Keeping Families Together enables U.S. citizens and their family members to live without fear of separation, consistent with fundamental American values. The Department of Homeland Security will comply with the court's decision, including continuing to accept applications, while we defend Keeping Families Together in court.

President Biden expressed disagreement with the ruling, calling it "wrong" and emphasizing the importance of keeping families together. He stated that his administration would continue to fight for these families.

The temporary block on this policy represents a significant setback for the Biden administration's immigration agenda. It affects an estimated half a million immigrants who might have been eligible for the program. The ruling also highlights the ongoing legal battles surrounding immigration policies in the United States.

Conclusion

A federal judge has temporarily halted the Biden administration's policy to grant legal status to undocumented spouses of U.S. citizens. This decision affects a program designed to keep families together and provide a path to legal status for long-term residents. The Department of Homeland Security has stopped approving applications but continues to accept them. President Biden has expressed his disagreement with the ruling and his administration's commitment to defending the policy in court.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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