In a recent development, a federal judge in Texas has temporarily blocked the Biden administration from granting legal status to unauthorized immigrants married to American citizens. This decision comes in response to a request from 16 Republican-led states who challenged the new policy. The order by District Court Judge J. Campbell Barker effectively puts a halt to a large immigration program that was launched just last week, impacting an estimated half a million immigrants living in the U.S. without legal status.
The program in question, known as Keeping Families Together, was introduced as a measure to address the plight of undocumented immigrants who have been living in the U.S. for years in legal limbo. It allows unauthorized immigrants who are married to U.S. citizens, have resided in the country for at least 10 years, and pass background checks to apply for temporary work permits and deportation protections under an immigration benefit known as parole. The program also extends to the undocumented stepchildren of U.S. citizens, with individuals with felony convictions being ineligible for the process.
One of the key aspects of the program is that it provides a streamlined pathway to permanent residency and, eventually, U.S. citizenship for eligible immigrants. While immigrants can obtain a green card by marrying an American citizen, U.S. law typically requires those who entered the country illegally to leave and re-enter legally to be eligible for a green card. However, this process can trigger a 3- or 10-year ban from the U.S., deterring many mixed-status families from pursuing this option.
The Biden administration has defended the initiative as a means to promote family unity in households that include U.S. citizens. However, Texas and other Republican-led states have filed a lawsuit arguing that the policy rewards illegal immigration. They claim that the policy misuses the immigration parole authority and have challenged nearly every major immigration move made by the Biden administration.
In response to the lawsuit, Judge Barker issued an administrative order prohibiting the Department of Homeland Security from granting parole to those applying for the Keeping Families Together policy. While the order is currently valid for 14 days, it may be extended. Despite the injunction, federal officials can continue to accept applications under the program, although they are unable to approve them at this time.
This ruling marks an early setback for one of President Biden’s key immigration initiatives and underscores the ongoing political and legal battles surrounding immigration policy in the United States. As the debate continues, the fate of hundreds of thousands of immigrants seeking legal status through the Keeping Families Together program remains uncertain.
