The Biden administration’s attempt to provide a pathway to citizenship for some illegal immigrant spouses of U.S. citizens has been temporarily put on hold by a federal judge following a lawsuit from 16 Republican-led states. U.S. District Judge J. Campbell Barker has issued a stay on the “parole in place” program, which was announced in June and allows for humanitarian parole and a route to permanent residency for certain undocumented immigrant spouses of U.S. citizens without them having to leave the country. The states, led by Texas and America First Legal, argued that the rule violates federal law and prohibited illegal immigrants from obtaining immigration benefits, including permanent status, without first leaving the country and being readmitted.
Texas Attorney General Ken Paxton, speaking on behalf of the coalition of states, criticized the Biden administration’s program for rewarding over 1 million illegal aliens with an opportunity for citizenship after breaking the country’s laws and creating incentives for more illegal immigration. He expressed confidence in continuing the fight in order to uphold Texas, the country, and the rule of law. Stephen Miller, president of America First Legal, praised the court’s decision as a victory in the battle to block the unconstitutional executive decree that would have granted over 1 million illegal aliens a path to U.S. citizenship. The administration had estimated that about 500,000 immigrants would benefit from the program, along with approximately 50,000 children.
The new process would have applied to noncitizen spouses who have lived in the U.S. for at least 10 years as of June and were judged not to pose a threat to public safety or national security, allowing them to apply for permanent residency. The administration highlighted the fear and uncertainty families face due to the requirement of departing and being processed abroad. Judge Barker, who was appointed by former President Donald Trump, decided to issue a two-week stay in response to substantial claims from the Republican-led states, with the possibility of extension. The Department of Homeland Security expressed its commitment to defending the policy in court and continuing to process applications.
The Department of Homeland Security emphasized its commitment to “Keeping Families Together” and cited established legal authority for the program. The purpose of the initiative was to enable the families of U.S. citizens to live without fear of separation, which it argued was consistent with fundamental American values. The agency vowed to defend the program in court, while continuing to process existing applications and accept new applications. The White House criticized Republican officials for prioritizing politics over helping American families or fixing the immigration system, accusing them of seeking to keep U.S. citizens and their families in the shadows. The lawsuit was seen as going against the nation’s values and the administration’s efforts to make the immigration system more fair and just.
Despite the legal challenges, the Biden administration highlighted a significant drop in encounters between ports of entry since announcing new executive actions to secure the border. The number of encounters in July 2024 was reportedly the lowest since September 2020 and lower than at the same point in 2019. The administration emphasized its commitment to securing the border and enforcing laws, contrasting this with what it perceived as a lack of action from Congressional Republicans. The ongoing legal battle over the parole in place program reflects the broader political and policy debates surrounding immigration reform and border security in the United States.
