Judicial Block on Biden’s Immigration Policy Leaves Spouses in Limbo

Judicial Block on Biden's Immigration Policy Leaves Spouses in Limbo

Immigrant spouses in the United States face renewed uncertainty after a Texas judge blocked President Biden’s immigration policy, aimed at easing the pathway to citizenship.

At a Glance

  • President Joe Biden introduced a new pathway to citizenship for immigrant spouses.
  • A Texas federal judge temporarily suspended the program, impacting around 500,000 immigrants.
  • The program’s suspension has led to confusion and frustration among families and attorneys.
  • This judicial action follows a challenge by 16 states led by Republican attorneys general.

Judge Blocks Biden’s Immigration Policy for Immigrant Spouses

President Joe Biden recently announced a new immigration policy to offer a pathway to U.S. citizenship for immigrant spouses. However, U.S. District Judge J. Campbell Barker in Texas has temporarily suspended the policy, affecting approximately 500,000 immigrants. This suspension has created confusion and concern among mixed-status families, disrupting their plans for stability and citizenship in the United States.

The halted policy, known as Keeping Families Together, granted “parole in place” to undocumented spouses who have lived continuously in the U.S. for at least ten years and met other criteria. The Department of Homeland Security has stated that it will continue to accept applications and defend the program in court despite the suspension.

The Impact and Reaction

Many immigrant families are reeling from the judge’s decision. Roberto García, who had applied to the program, expressed his frustration, saying, “I didn’t think this was going to happen. It’s very hard. We are not a priority. It is bad that they play with people’s feelings.” The Florida Immigrant Coalition has advised people to consider all options following this court order. Legal experts, including Gregory Chen from the American Immigration Lawyers Association, have also expressed concern about the significant impact on applicants and lawyers.

President Biden has criticized the ruling, asserting, “That ruling is wrong. These families should not be needlessly separated.” The order, an administrative stay, is set for 14 days but could be extended. Republican Texas Attorney General Ken Paxton has supported the ruling, emphasizing the importance of upholding the rule of law.

Legal and Political Underpinnings

The lawsuit leading to this suspension was spearheaded by Republican attorneys general from 16 states, who argued that the Biden administration exceeded its legal authority. America First Legal, led by Stephen Miller, assisted the states in the lawsuit, with Miller calling the ruling a “huge victory.” Meanwhile, applicants granted parole before the judicial stay remain unaffected, but new applicants face nearly insurmountable uncertainty.

Traditionally, undocumented immigrants need to leave the U.S. to apply for green cards, risking long-term family separation. The Keeping Families Together program aimed to avoid such separations and offer work authorization while seeking permanent residency. However, the recent judicial block has thrust many families back into a state of uncertainty and legal limbo.

Sources

  1. Immigrant Families in Limbo After Judge Puts U.S. Program for Spouses on Hold
  1. Immigrant families in limbo after judge puts U.S. program for spouses on hold
  1. Immigrant families in limbo after judge puts U.S. program for spouses on hold
  1. Uncertainty returns for immigrant spouses in US after judge pauses Biden’s new immigration policy
  1. Judge blocks Biden program providing pathway to citizenship for undocumented immigrants married to U.S. citizens
  1. Judge in Texas orders pause on Biden program that offers legal status to spouses of US citizens
  1. Judge puts Biden’s illegal immigrant program on hold
  1. Federal judge pauses program that grants protections for undocumented spouses