Federal Judge Blocks Biden Administration’s Immigration Policy on Legal Status for Unauthorized Immigrants
A federal judge in Texas has temporarily halted the Biden administration’s efforts to grant legal status to unauthorized immigrants who are married to American citizens, CBS News reports.
The ruling, issued on Monday by District Court Judge J. Campbell Barker, responds to a request from 16 Republican-led states challenging the newly implemented policy.
This decision effectively suspends a significant immigration program that had just opened last week and was expected to benefit an estimated half a million immigrants living in the United States without legal status.
The initiative, titled “Keeping Families Together,” was introduced shortly after another executive action that limited access to asylum for immigrants at the southern border. The program aimed to provide relief to undocumented immigrants who have resided in the US for years and are now facing uncertainty in their legal status.
Under the policy, unauthorized immigrants could apply for temporary work permits and protections from deportation, utilizing an immigration benefit known as parole. To be eligible, applicants must be married to US citizens, have lived in the country for at least 10 years, and pass background checks. Additionally, the policy extends to the undocumented stepchildren of US citizens, though those with felony convictions are ineligible.
A crucial feature of the program is that it offers a streamlined pathway to permanent residency and ultimately US citizenship for eligible immigrants. Traditionally, US law mandates that those who entered the country illegally must leave and re-enter legally to qualify for a green card. However, this process can trigger a 3- or 10-year ban on re-entry, leading many mixed-status families to avoid it.
While the Biden administration has framed its initiative as a means of promoting family unity for households that include US citizens, the Republican states argue that the policy effectively incentivizes illegal immigration. In a lawsuit filed on Friday, the states contended that the initiative misuses the immigration parole authority.
Judge Barker’s order prohibits the Department of Homeland Security from granting parole to applicants under the Keeping Families Together policy for a period of 14 days, though he indicated that this could be extended. While federal officials are unable to approve applications during this period, they are still permitted to accept applications for the program.
