On Monday, a federal judge in Texas temporarily halted the Biden administration’s policy granting legal status to unauthorized immigrants married to U.S. citizens. This decision came after 16 Republican-led states challenged the policy in court.
District Court Judge J. Campbell Barker’s ruling effectively pauses a significant immigration program that had just launched, potentially impacting around half a million undocumented immigrants.
Although the ruling is temporary, it marks an early setback for one of President Biden’s key immigration initiatives, which is a significant issue in the 2024 presidential race.
The program, named “Keeping Families Together,” was introduced as a response to the struggles of undocumented immigrants who have been living in the U.S. for years without legal status.
It allows unauthorized immigrants who are married to U.S. citizens, have lived in the country for at least 10 years, and pass background checks, to apply for temporary work permits and protection from deportation.
The policy also extends to undocumented stepchildren of U.S. citizens, although those with felony convictions are excluded.
Importantly, the program offers a streamlined path to permanent residency and eventual U.S. citizenship for eligible immigrants.
Traditionally, immigrants married to U.S. citizens can obtain a green card, but those who entered the country illegally must leave and re-enter legally, which can trigger lengthy bans from the U.S. This has deterred many from seeking legal status.
The Biden administration has argued that the policy promotes family unity, but Texas and other Republican-led states contend that it incentivizes illegal immigration. They claim the policy misuses the immigration parole authority.
On Monday, Judge Barker, who was appointed by former President Trump, issued an administrative order preventing the Department of Homeland Security from granting parole under the policy for 14 days, with the possibility of an extension.
However, the DHS can still accept applications during this period.
