The Biden administration’s initiative aimed at easing the path to citizenship for undocumented immigrants married to U.S. citizens has been struck down by a federal judge. The program, titled “Keeping Families Together,” allowed spouses and stepchildren of U.S. citizens to apply for a green card without leaving the country. This policy provided temporary relief from deportation to approximately 500,000 immigrants before Texas-based U.S. District Judge J. Campbell Barker halted it in August, citing an overreach of authority and a stretched interpretation of immigration law. The decision introduces uncertainty for immigrant families, especially with the impending return of former President Donald Trump, who has promised a crackdown on undocumented individuals.
Trump’s recent election victory has set the stage for a more aggressive approach towards immigration control, as he has previously made statements suggesting a tough stance on the issue. The president-elect’s strong anti-immigrant rhetoric has energized his supporters and his policies are expected to reflect this sentiment. Barker’s appointment to the judiciary during Trump’s first term signals a conservative approach to immigration, as evidenced by his ruling against the Biden administration’s program. Texas and 15 other states, led by Republican attorneys general, challenged the initiative in court, citing concerns about costs and incentives for more migrants to come to the U.S.
The initiative in question would have benefitted individuals who have lived in the U.S. for at least 10 years, do not pose a security threat, and have utilized existing legal mechanisms for deportation protection. The program required applicants to have been married to a citizen by a specific date and to pay a fee for the application process. Once approved, individuals would have three years to seek permanent residency and obtain work authorization. However, the program was only open for applications for a short period before being halted by the judge. Noncitizen spouses currently face a lengthy process for legal status, often requiring them to apply from their home countries, which can result in years of separation from family members in the U.S.
The termination of this program represents a setback for immigrant families hoping to secure legal status and avoid potential deportation. As the legal battle surrounding immigration policies continues, uncertainty persists for those affected by changes in government initiatives. The Biden administration’s efforts to prioritize family unity through its policies have faced significant challenges, highlighting the complex and contentious nature of immigration reform in the United States. With the imminent return of a Trump administration, immigrant communities are bracing for more restrictive measures and increased scrutiny, further complicating their paths to citizenship and stability in the country.
