Texas Judge Halts Biden Program for Legal Status for Spouses of Citizens

A federal judge in Texas has temporarily halted a Biden administration initiative aimed at providing legal status to spouses of U.S. citizens without requiring them to leave the country. This development poses a significant setback to one of the latest advancements in easing the path to citizenship.

The administrative stay was granted by U.S. District Judge J. Campbell Barker shortly after 16 states, led by Republican attorneys general, filed a lawsuit challenging the policy. This initiative could potentially assist around 500,000 immigrants currently residing in the U.S., along with about 50,000 of their children. The states involved in the lawsuit argue that the administration has sidestepped Congress for what they describe as “blatant political purposes.”

Texas, a leading state in the legal challenge, claims that it has incurred tens of millions of dollars each year in costs associated with healthcare and law enforcement due to the presence of immigrants living in the state without legal status.

President Joe Biden first unveiled the program in June. The court order, while set to last two weeks, could be extended, and it comes just after the Department of Homeland Security began accepting applications for the program.

Judge Barker noted, “The claims are substantial and warrant closer consideration than the court has been able to afford to date.” He was appointed to the federal bench in 2019 by former President Donald Trump and operates in the 5th U.S. Circuit Court of Appeals, a venue that is often favored by those promoting conservative legal arguments.

The judge has outlined a schedule that may lead to a resolution shortly before the presidential election on Nov. 5 or ahead of the installation of a new president in January. Both parties involved in the case must submit their briefs by October 10.

This new policy aims to provide a pathway to citizenship for spouses of U.S. citizens who are undocumented, allowing them to apply for a green card and remain in the U.S. during the process. Historically, this procedure required applicants to wait for extended periods outside the United States, which advocates decried as a form of “family separation.”

The Department of Homeland Security did not immediately respond to requests for comment regarding the judge’s ruling.

Jessica Cisneros, an attorney representing the Texas Immigration Law Council, expressed regret over the ruling, stating, “The court’s decision tonight to halt the federal government from providing relief is devastating to the thousands of Texas families that could have benefited from this program.”

Some families had already received notification regarding their applications, according to legal advocates who had submitted a motion to intervene earlier that day.

Karen Tumlin, founder and director of the Justice Action Center, remarked during a press conference prior to the court’s order, “Texas should not be able to decide the fate of hundreds of thousands of U.S. citizens and their immigrant spouses without confronting their reality.”

The initiative has sparked considerable debate, particularly in an election year where immigration remains a key issue. Many Republicans have criticized the program, alleging that it serves as a form of amnesty for individuals who have violated immigration laws.

In response to the ruling, Texas Attorney General Ken Paxton expressed support, declaring, “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law.” He shared his sentiments on the social media platform X.

To qualify for this program, immigrants must have continuously resided in the U.S. for a minimum of ten years, pose no security threat, lack a disqualifying criminal record, and must be married to a citizen as of June 17—the day prior to the program’s announcement.

Interested applicants must submit a $580 fee and fill out a comprehensive application that includes a rationale for seeking humanitarian parole, along with extensive documentation to verify their residency duration in the U.S.

If approved, applicants are granted three years to pursue permanent residency, during which they can obtain work authorization.

Previously, individuals who were illegally residing in the U.S. faced significant challenges in obtaining a green card after marrying an American citizen, often being required to return to their home country for prolonged periods, which came with the risk of being denied re-entry.