Judge Blocks Biden Admin from Granting Legal Status to U.S. Citizens’ Spouses

A federal judge in Texas has temporarily blocked the Biden administration’s program aimed at granting legal status to unauthorized immigrants married to American citizens. This decision, made by District Court Judge J. Campbell Barker, comes in response to a request from 16 Republican-led states that challenged the newly introduced policy.

This ruling effectively halts a significant immigration initiative that was only launched last week. The program potentially affects as many as half a million undocumented immigrants residing in the United States. Although this order is preliminary and temporary, it represents a substantial setback for one of President Biden’s major immigration reforms, which was highlighted during the ongoing 2024 presidential campaign.

Dubbed “Keeping Families Together,” the policy was introduced shortly after another executive move that significantly restricted asylum access at the U.S.-Mexico border. The program aims to alleviate the difficulties faced by undocumented immigrants who have lived in the country for many years without legal status.

The new rule enables unauthorized immigrants to seek temporary work permits and protections against deportation under a special immigration provision known as parole. To qualify, applicants must be married to U.S. citizens, have lived in the country for a minimum of ten years, and pass background checks. Additionally, the program extends eligibility to the undocumented stepchildren of U.S. citizens, although those with felony convictions are excluded.

Crucially, the initiative paves a smoother path toward permanent residency, and eventually U.S. citizenship, for those who meet the criteria. Generally, while immigrants married to American citizens can apply for green cards, U.S. law mandates that those who entered the country illegally must leave and re-enter through legal channels to gain eligibility. However, this process poses risks, including a 3- or 10-year ban from re-entry, which discourages many mixed-status families from pursuing this route.

Proponents of the Biden administration’s initiative argue that it fosters family unity within households that include U.S. citizens. In contrast, Texas, along with other Republican-led states, contends that the program essentially rewards illegal immigration. They assert that it misuses the executive branch’s parole authority and has filed legal challenges against nearly every significant immigration action by the Biden administration.

Judge Barker, who was appointed by former President Donald Trump, issued an order preventing the Department of Homeland Security from granting any parole applications submitted under the “Keeping Families Together” program. His order is valid for 14 days, with the possibility of an extension.

While federal officials are prohibited from approving applications during this timeframe, they are still permitted to accept new applications under the program. This legal challenge illustrates the ongoing tensions surrounding immigration policy in the United States, with differing viewpoints on how to handle undocumented immigrants and family unity.

The temporary injunction has generated significant discussions about the future of immigration policy under the Biden administration and the broader implications for families affected by legal and illegal statuses. This situation continues to evolve as the political landscape shifts and both advocacy groups and lawmakers weigh in on the matter.