Judge blocks Biden administration from granting legal status to immigrant spouses of U.S. citizens

A federal judge in Texas on Monday temporarily blocked the Biden administration from granting legal status to undocumented immigrants married to U.S. citizens, granting a request from 16 Republican-led states that challenged the new policy.

District Court Judge J. Campbell Barker’s order effectively ends a vast immigration program that opened last week approximately half a million immigrants living in the United States without legal status. Although preliminary and temporary, this decision also constitutes a first blow to one of the two main measures taken by President Biden in June on immigration, a major issue in the 2024 presidential campaign.

Announced a few weeks later another executive measure that has significantly restricted access to asylum On the southern border, the program, known as Keeping Families Together, was billed as a measure to address the plight of some undocumented immigrants who have been living in the United States for years in legal limbo.

The policy allows undocumented immigrants to apply for temporary work permits and protections from deportation, under an immigration benefit known as parole, if they are married to U.S. citizens, have lived in the country for at least 10 years and have passed background checks. The program is also open to undocumented stepchildren of U.S. citizens. People with felony convictions are not eligible for the process.

Importantly, the program also provides a simplified path to permanent residency and, after several years, U.S. citizenship for eligible immigrants.

Immigrants, including those living in the United States illegally, can obtain a green card if they marry a U.S. citizen. But U.S. law generally requires those who entered the United States illegally to leave the country and re-enter legally in order to qualify for a green card. However, this can result in a three- or 10-year ban on entering the United States, which discourages many mixed-status families from pursuing this option.

While the Biden administration has argued that its initiative promotes family unity in households that include U.S. citizens, Texas and other Republican-controlled states said in a lawsuit filed Friday that the policy encourages illegal immigration. The Republican states, which have challenged nearly every major immigration measure by the Biden administration, said the policy is an abuse of the power to parole immigrants.

On Monday, Barker, the Texas federal judge appointed by former President Donald Trump, issued an administrative order barring the Department of Homeland Security from granting parole to those applying for the “Keeping Families Together” policy.

Barker made his order valid for 14 days, but suggested he might extend it. While they can’t approve them, federal officials can continue to accept applications under the program.

Department of Homeland Security spokesperson Naree Ketudat confirmed Tuesday that the agency had stopped approving applications under that process.

“Keeping Families Together allows American citizens and their family members to live without fear of separation, consistent with fundamental American values,” Ketudat said. “The Department of Homeland Security will comply with the court’s decision, including by continuing to accept applications, while we defend Keeping Families Together in court.”