A federal judge in Texas on Monday temporarily blocked the Biden administration from granting legal status to undocumented immigrants who are married to U.S. citizens, granting a request by 16 Republican-led states that challenged the new policy.
U.S. District Judge J. Campbell Barker’s order effectively halts a massive immigration program that was just launched last week for about 500,000 immigrants living in the U.S. without legal status. While tentative and temporary, the ruling also marks an early blow to one of two major steps taken by President Biden in June on immigration, a key campaign issue in the 2024 presidential election.
The program, known as “Keeping Families Together,” was announced just weeks after another executive order that significantly restricted access to asylum at the southern border and as a measure to address the plight of some undocumented immigrants who have been living in the U.S. in legal limbo for years.
The policy allows illegal immigrants to apply for temporary work permits and deportation protections under an immigration benefit called parole if they marry a U.S. citizen, have lived in the U.S. for at least 10 years, and pass a background check. The program also applies to illegal immigrant stepchildren who are U.S. citizens. Those who have been convicted of a felony are not eligible for the process.
Most importantly, the program also provides qualified immigrants with a streamlined path to permanent residence and, after a few years, U.S. citizenship.
Immigrants, including those in the U.S. illegally, can get green cards if they marry a U.S. citizen. But U.S. law requires that to get a green card, those who entered the U.S. illegally must leave the country and re-enter legally. Doing so can result in a three- or ten-year ban from the U.S., which discourages many immigrant families from taking that option.
The Biden administration has argued the policy promotes family unity for households that include U.S. citizens, but Texas and other Republican-majority states argued in a lawsuit filed Friday that the policy encourages illegal immigration. The Republican-backed states, which have challenged nearly every major immigration policy of the Biden administration, argued that the policy is an abuse of immigrant parole power.
Barker, a federal judge in Texas appointed by former President Donald Trump, issued an executive order on Monday barring the Department of Homeland Security from granting parole to people applying for the “Keeping Families Together” policy.
Governor Barker said the order is in effect for 14 days but has indicated it could be extended. Federal officials can continue to accept applications under the program, even if they cannot approve them.
Department of Homeland Security spokeswoman Naly Khetuhdat confirmed Tuesday that the department had stopped approving cases through the process.
“Keeping Families Together allows Americans and their families to live together without fear of being separated, and is consistent with fundamental American values,” Ketuudat said. “The Department of Homeland Security intends to comply with the court’s decision, including by continuing to accept applications, while defending Keeping Families Together in court.”
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