A federal judge has struck down a Biden administration policy designed to help undocumented immigrants married to US citizens on a path to citizenship.
The program, hailed as one of the administration’s most significant actions to support immigrant families, allowed undocumented spouses and stepchildren of US citizens to apply for a green card without first leaving the US.
The program’s temporary deportation protection provided an estimated 500,000 immigrants with a brief period of security before US District Judge J. Campbell Barker of Texas halted it in August, just days after applicants began submitting paperwork.
On Thursday, Barker ruled that the administration had exceeded its authority in implementing the program and had stretched immigration law “past its breaking point.”
The initiative, known as “Keeping Families Together,” was expected to end with Donald Trump’s inauguration in January, but its early termination now leaves immigrant families facing additional uncertainty as many prepare for Trump’s return to the White House.
Following Trump’s election win, the president-elect reaffirmed his plan for a rigorous crackdown on undocumented individuals, promising “mass deportation” as part of his campaign platform. On the trail, Trump energised his supporters with anti-immigrant rhetoric, including statements that immigrants were “poisoning the blood” of the nation.
Judge Barker, appointed by Trump in Tyler, Texas, within the conservative 5th US Circuit Court of Appeals, initially blocked the policy after a lawsuit was filed by Texas and 15 other states.
The states’ Republican attorneys general argued that the administration had bypassed Congress to support immigrant families for “blatant political purposes.” They claimed the initiative would create financial burdens for their states and could attract more migrants to the US.
The program targeted those who had lived continuously in the US for at least ten years, posed no security threat, and qualified for “parole in place,” an existing legal provision that offers deportation protections.
Eligible individuals married to US citizens by June 17, the day before the program’s announcement, could apply by paying a $580 fee and submitting an application explaining their eligibility for humanitarian parole. Approved applicants would have been granted three years to pursue permanent residency and work authorization.
It remains unclear if anyone received approval under the program, which only accepted applications for about a week before Judge Barker’s hold. Currently, noncitizen spouses are eligible for legal status, but they often must apply from their home countries, which can result in prolonged family separations due to years-long processing times.Faridah Abdulkadiri
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