A federal judge on Thursday blocked a key Biden administration policy aimed at easing the path to citizenship for some undocumented immigrants married to U.S. citizens.
The initiative, praised as a major step to support immigrant families, allowed undocumented spouses and stepchildren of U.S. citizens to apply for green cards without having to leave the country. It was expected to benefit an estimated 500,000 immigrants, offering temporary relief from deportation.
However, the policy was put on hold in August by U.S. District Judge J. Campbell Barker, following a legal challenge filed by Texas and 15 other Republican-led states. On Thursday, Barker ruled that the Biden administration had overstepped its authority by implementing the program, claiming the policy stretched the interpretation of immigration law “past its breaking point.
The program, known as “Keeping Families Together,” was short-lived, with many expecting it to be undone if Donald Trump returned to the White House. Trump’s election this week raises concerns of a tougher stance on immigration, with promises of “mass deportation” already central to his platform. During his campaign, Trump made inflammatory remarks about immigrants, including claims that they were “poisoning the blood” of the nation.
Barker, appointed by Trump during his first term, had previously halted the program after the Republican attorneys general argued that it bypassed Congress and served political purposes. They also claimed it would impose financial burdens on their states and potentially encourage more migrants to enter the U.S.
The initiative was designed to apply to individuals who had lived in the U.S. for at least 10 years, posed no security threat, and were already benefiting from “parole in place,” a policy providing temporary protection from deportation. Those married to a U.S. citizen by June 17 could apply for humanitarian parole by paying a $580 fee and submitting a lengthy application.
If approved, applicants could stay in the U.S. for up to three years while seeking permanent residency and work authorization. However, the program only accepted applications for about a week before being paused, and it is unclear whether anyone was granted approval during that time.
While noncitizen spouses can apply for legal status, they typically need to do so from their home countries, which often results in long waits and family separations.
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