Federal Judge Strikes Down Biden’s Path to Citizenship Policy for Undocumented Immigrant Spouses
In a significant legal decision, a Texas-based federal judge has struck down a Biden administration policy that aimed to ease the path to citizenship for undocumented immigrants married to U.S. citizens. The initiative, known as “Keeping Families Together,” was introduced as one of the administration’s most comprehensive actions to support immigrant families. It allowed undocumented spouses and stepchildren of U.S. citizens to apply for a green card without leaving the country.
This policy, intended to provide temporary deportation relief to nearly 500,000 individuals, was expected to offer a secure pathway to permanent residency. However, U.S. District Judge J. Campbell Barker, who initially suspended the program in August, ruled on Thursday that the Biden administration had overstepped its legal authority in implementing the initiative. He noted that the program stretched the interpretation of immigration law “past its breaking point.” The decision has left many immigrant families facing renewed uncertainty and fear.
Political and Legal Challenges Intensify
The program’s termination adds to the uncertainty for immigrant families, especially in light of President-elect Donald Trump’s recent election win. Trump campaigned on promises of strict immigration enforcement, including mass deportations. His election suggests a return to aggressive immigration policies, a stance underscored by his controversial statements about undocumented immigrants. Many immigrant families are now bracing for potential policy shifts under the new administration.
Judge Barker, appointed by Trump, serves in Tyler, Texas, within the 5th U.S. Circuit Court of Appeals, known for hearing conservative-leaning cases. In response to the program, Texas and 15 other states, led by Republican attorneys general, filed a lawsuit accusing the Biden administration of bypassing Congress to enact immigration changes for political purposes.
Republican-Led Challenge Cites Economic and Migrant Concerns
Opponents of the policy argued that it could increase economic strains and encourage further migration to the U.S. The policy applied to immigrants who had lived continuously in the U.S. for at least ten years, posed no security risk, and qualified for “parole in place” protections against deportation. To be eligible, applicants needed to be married to a U.S. citizen as of June 17—the day before the policy’s announcement. Applicants also had to pay a $580 fee and submit a detailed request for humanitarian parole. Those approved would have three years to seek permanent residency and work authorization.
It remains unclear if any applicants received approval before the judge’s hold on the program, as the application period lasted only about a week.