On Monday, a federal judge in Texas temporarily blocked a Biden administration policy aimed at providing legal status to the spouses of U.S. citizens without requiring them to leave the country first. This ruling marks a significant, albeit temporary, setback for one of the administration’s major initiatives to streamline the path to citizenship.
The administrative stay was issued by U.S. District Judge J. Campbell Barker, following a challenge from 16 states led by Republican attorneys general. These states argue that the program, which could benefit around 500,000 immigrants and 50,000 of their children, circumvents Congress and serves “blatant political purposes.”
Texas, one of the leading challengers, claims it has incurred tens of millions of dollars annually for healthcare and law enforcement due to immigrants living in the state without legal status.
President Joe Biden unveiled the policy in June. The court order halting the program, which is set to last two weeks but may be extended, comes just after the Department of Homeland Security began processing applications.
Judge Barker, appointed by former President Donald Trump in 2019, acknowledged that the claims require more detailed consideration. Barker, based in Tyler, Texas, is part of the 5th U.S. Circuit Court of Appeals, known for its conservative leanings.
A decision could be reached around the time of the presidential election on November 5 or before a new president assumes office in January. Barker has given both sides until October 10 to submit briefs.
The policy in question provides a path to citizenship for spouses of U.S. citizens who lack legal status. Eligible applicants can apply for a green card and remain in the U.S. while their application is processed, instead of waiting outside the country—a process that can lead to prolonged family separations.
The Department of Homeland Security has not yet responded to requests for comment on the ruling.
Jessica Cisneros, an attorney with the Texas Immigration Law Council, criticized the court’s decision, calling it a blow to Texas families who could have benefited from the program. Several families had already been notified that their applications were received.
Karen Tumlin, founder of the Justice Action Center, argued that Texas should not determine the fate of thousands of U.S. citizens and their immigrant spouses without addressing the full context of their situation.
The program has been a contentious issue during an election year, with many Republicans criticizing it as a form of amnesty for individuals who have broken the law. Texas Attorney General Ken Paxton supported the court’s decision, pledging to continue fighting for Texas and the rule of law.
To qualify for the program, immigrants must have lived continuously in the U.S. for at least 10 years, not pose a security threat, and have no disqualifying criminal history. They must also be married to a U.S. citizen as of June 17, the day before the program’s announcement. Applicants are required to pay a $580 fee and provide extensive documentation, including proof of their length of stay in the country.
If approved, applicants have three years to seek permanent residency and can obtain work authorization during this period. Previously, immigrants in the U.S. illegally faced a complex and risky process to obtain a green card after marrying an American citizen, often requiring them to return to their home country and risking being barred from reentry.