Court Suspends Biden Immigration Policy For US Citizens’ Spouses
A Texas judge ordered a temporary halt on a policy intended to simplify the process for spouses of U.S. citizens to obtain legal status, marking a setback for one of President Joe Biden’s key immigration reform initiatives.
Judge J. Campbell Barker granted a 14-day administrative stay in response to a lawsuit filed by the Republican attorneys general of 16 states, challenging the Biden administration’s policy.
In June, Biden announced the policy aimed at streamlining the pathway to citizenship for an estimated 500,000 immigrants married to U.S. nationals. However, the 16 states involved in the lawsuit argue that the policy is costing them millions of dollars in public services, such as healthcare, education, and law enforcement, used by these immigrants.
“The claims are substantial and warrant closer examination than the court has been able to provide so far,” Judge Barker wrote in his order.
Texas Attorney General Ken Paxton, whose state is involved in the case, stated on social media, “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law.”
The Biden administration has faced challenges in managing immigration, a highly divisive topic as the country approaches the November presidential election, where Vice President Kamala Harris will face Republican Donald Trump. The Democratic Party is attempting to maintain a balance between being tougher on illegal immigration while also proposing reforms to the flawed immigration system.
Trump’s campaign has focused on depicting the U.S. as being under siege from what he calls a migrant “invasion.”
The new rules would ease the application process for those already eligible for permanent residency by eliminating a requirement to leave the country during the application. The rules apply to individuals who have been in the U.S. for at least 10 years and were married to a U.S. citizen before June 17, 2024, as well as to about 50,000 stepchildren of U.S. citizens.
Those approved would receive work authorization and temporary residence in the U.S. for up to three years while they pursue a green card, a step toward full citizenship.
Monday’s ruling suspends the granting of this “parole in place” status but does not stop the government from continuing to accept applications for it.
U.S. Citizenship and Immigration Services (USCIS) confirmed in a statement that it would continue to accept applications but would not process any until the stay is lifted. “The District Court’s administrative stay order does not affect any applications that were approved before this order was issued,” USCIS noted.
The immigrant rights group Justice Action Center criticized the ruling as an “extreme measure.” Founder Karen Tumlin stated, “It’s baffling to halt a process for which Texas has provided no evidence that it would harm the state. This is heartbreaking for our clients and the thousands of couples who hope to benefit from this process and live without the fear of family separation.”
Earlier on Monday, the Justice Action Center filed a motion to intervene in the lawsuit to defend the program.
Judge Barker remarked that the court did not make any definitive conclusions about the plaintiffs’ case while the stay is in effect. Although an expedited hearing schedule has been set, Barker indicated that the two-week stay will likely be extended as the proceedings continue.
