A federal judge in Texas temporarily halted a new immigration program by the Biden administration aimed at providing a streamlined process for hundreds of thousands of undocumented spouses of U.S. citizens to obtain legal status. The ruling by U.S. District Judge J. Campbell Barker granted a 14-day temporary restraining order in response to a lawsuit filed by 16 Republican-led states, who argued that the Biden administration overstepped its authority with the program called “Keeping Families Together.”
The 16 states, including Texas, contended that the administration’s initiative to assist undocumented immigrants in obtaining citizenship was unauthorized and amounted to rewarding illegal immigration, which they argued goes against the intent of U.S. immigration law. The court will proceed to further review the case.
The program, known as “Keeping Families Together,” allows approximately 500,000 undocumented spouses of U.S. citizens who have resided in the U.S. for at least 10 years to remain in the country while seeking legal status. Previously, such immigrants were required to leave the U.S. and then apply for a green card through legal entry. Advocates of the new program argued that this could result in these immigrants waiting for years outside the U.S., causing some U.S. citizens to face “family separation.”
Additionally, the program permits around 50,000 non-citizen children under the age of 21, with one biological parent being a U.S. citizen, to obtain a “parole” status, paving the way for them to eventually obtain citizenship.
The initiative began accepting applications from eligible immigrants last week Monday. Judge Barker’s ruling on Monday ordered a two-week hold on the program, with the possibility of extending the hold period. During this time, the Department of Homeland Security (DHS) can continue to receive applications but cannot process them.
Addressing the concerns raised by the 16 states, the judge appointed by former President Trump wrote in the ruling, “These issues are weighty and merit further thoughtful consideration, and this Court’s conclusion is only what is currently available.” Texas, the leading state in filing the lawsuit, argued in the court documents that it must bear the costs of providing healthcare and law enforcement services to these immigrants who lack legal status in the state, amounting to tens of millions of dollars annually.
Illegal immigration has been one of the most prominent issues in the U.S. elections this year, and the Biden administration’s new program has sparked controversy. Many Republicans have criticized it, viewing it as essentially granting amnesty to lawbreakers and being a blatant violation of the law.