A federal judge in Texas has temporarily halted a Biden administration policy that would allow spouses of U.S. citizens to obtain legal status without having to leave the country. This decision comes after 16 states, led by Republican attorneys general, challenged the program, which could benefit around 500,000 immigrants and their children. The states accused the administration of disregarding Congress for political reasons. The decision was made by U.S. District Judge J. Campbell Barker, who was appointed by former President Donald Trump and is located in a district known for favoring conservative arguments.
President Joe Biden announced the program in June, and the court order lasts for two weeks, with the possibility of extension. The Department of Homeland Security had begun accepting applications for the program one week prior to the decision. The policy offers spouses of U.S. citizens without legal status a path to citizenship by applying for a green card and staying in the U.S. during the process, aiming to prevent family separation caused by years-long waits outside of the country. Both sides are expected to file briefs in the case by October 10, with a decision potentially coming before the November election.
The Department of Homeland Security has not commented on the order, but advocates for the program have expressed disappointment. Texas Immigration Law Council attorney Jessica Cisneros referred to the decision as devastating for Texas families who could have benefitted from the program. The order also affects families that received notification of their applications being received. The controversy surrounding the program has intensified during an election year when immigration is a major issue, with many Republicans criticizing the policy as a form of amnesty for individuals who entered the country illegally.
Republican Texas Attorney General Ken Paxton welcomed the order, expressing intent to continue fighting for Texas and uphold the rule of law. To be eligible for the program, immigrants must have lived continuously in the U.S. for at least 10 years, not pose a security threat, and have been married to a citizen before June 17, the program’s announcement date. Applicants are required to pay a $580 fee, fill out a comprehensive application, provide supporting documents, and explain why they deserve humanitarian parole. If approved, they have three years to seek permanent residency and obtain work authorization.
Before the implementation of this program, it was challenging for individuals in the U.S. illegally to obtain a green card after marrying a U.S. citizen, often necessitating a return to their home country for an indefinite period. The ongoing legal battle surrounding the policy underscores the complex and contentious nature of immigration reform, particularly in a politically charged environment. The fate of this program may have significant implications for the thousands of families seeking a path to legal status and citizenship in the United States.
