Judge blocks Biden administration's plan to grant legal status to immigrant spouses of U.S. citizens

A federal judge has temporarily halted the Biden administration's attempts to provide some undocumented immigrant spouses of American citizens with a pathway to citizenship in response to a lawsuit filed by sixteen Republican-led states.

Judge J. Campbell Barker of the District Court has issued an order that essentially ends a significant immigration program that was introduced just last week for the estimated 500,000 individuals living in the United States illegally. Although the decision is preliminary and only temporary, it is an early setback to one of President Biden's two significant actions on immigration in June, a key political topic in the 2024 presidential contest.

The policy lets undocumented immigrants to apply for deportation prevention and temporary work permits under the immigration benefit known as parole, provided that they are married to citizens of the United States, have been in the nation for ten years or more, and successfully complete background checks. The program is also available to American citizens' undocumented stepchildren. Process is not available to those who have been convicted of felonies.

Most significantly, for qualified immigrants, the program opens a quicker route to permanent residence and, eventually, U.S. citizenship.

If an immigrant marries an American citizen, they can obtain a green card, even if they are here illegally. However, in order to be eligible for a green card, an individual who entered the nation illegally must typically leave and reenter the country legitimately. However, doing so can result in a three- or ten-year ban from the United States, therefore many mixed-status families choose not to pursue that option.

Mr. Biden is extending to them the protection against deportation and provisional legal status called as "parole in place." Additionally, it waives the necessity for foreign travel, enabling illegal immigrants to obtain permanent legal status without having to go.

According to government estimates, about 500,000 undocumented immigrants qualify for that. About 50,000 children of the couples who are illegal immigrants are also included by the scheme.

According to Texas, the program exceeds legal limitations.

According to the legislation, parole should be awarded on an individual basis only in situations where there is a "significant" benefit to the American people. Additionally, it is intended to be used for parolees "into" the United States.

Texas contends that since the disputed illegal immigrants are already present in the nation, they cannot be released on parole "into" it. Texas also contested the idea that keeping illegal immigrants in the country would benefit the public.

Spokesman for the Department of Homeland Security Naree Ketudat acknowledged on Tuesday that the organization had ceased to approve cases under the procedure.

"Keeping Families Together enables U.S. citizens and their family members to live without fear of separation, consistent with fundamental American values," Ketudat stated. "The Department of Homeland Security will comply with the court's decision, including continuing to accept applications, while we defend Keeping Families Together in court."

President Biden declared in a statement on Tuesday that the decision made by "a single district court in Texas" was "wrong."

Mr. Biden went on, "These families shouldn't be needlessly split up." "They should be able to stay together, and my Administration will not stop fighting for them."