A federal judge in Texas has dealt a setback to the Biden administration’s effort to ease the path to citizenship for spouses of U.S. citizens. On Monday, Judge J. Campbell Barker issued an administrative stay, temporarily halting the policy that would have granted legal status to these spouses without requiring them to first leave the country. This move comes after 16 states, led by Republican attorneys general, filed a lawsuit challenging the program, which could have benefitted an estimated 500,000 immigrants in the U.S. and their children. The lawsuit argues that the program violates federal law and would place a significant burden on state resources.
Texas, one of the leading states in the challenge, claims that it has been forced to spend tens of millions of dollars annually on healthcare and law enforcement due to undocumented immigrants living within its borders. The judge’s order, which initially lasts for two weeks but could be extended, was issued just days after the Department of Homeland Security (DHS) began accepting applications for the program. The order comes one week after the DHS started accepting applications for the program.
The policy, announced by President Joe Biden in June, has been highly controversial. It aimed to address the traditional process that often requires spouses to wait for years outside of the U.S. before gaining legal status, a process that advocates called “family separation.” The program offered a path to citizenship by allowing eligible spouses to apply for a green card and remain in the U.S. during the process.
In his ruling, Judge Barker stated that the claims raised in the lawsuit were “substantial” and warranted closer examination. He set a timetable for the case, potentially leading to a decision shortly before the presidential election in November or before a new president takes office in January. Both sides have until October 10th to submit briefs.
The program’s opponents, including the coalition of states, argue that the Biden administration bypassed Congress in creating the policy, alleging it was done for political gain. They have described the program as essentially a form of amnesty for those who broke immigration laws.
To be eligible for the program, immigrants had to meet several criteria, including continuous residency in the U.S. for at least 10 years, no security threats or disqualifying criminal history, and marriage to a citizen by June 17th. Applicants were required to pay a $580 fee and submit a comprehensive application, including justification for humanitarian parole and supporting documents proving their length of stay in the U.S. If approved, applicants were given three years to apply for permanent residency, during which time they could obtain work authorization.
The legal battle over this policy is likely to continue, with the outcome potentially having a significant impact on immigration policy in the U.S. It remains to be seen whether the judge will ultimately uphold the stay or allow the program to move forward.
