A federal judge in Texas on Monday suspended the Biden administration’s policy that would have granted legal status to spouses of US citizens without having to leave the country, at least a temporary setback for one of the biggest presidential actions to ease the path to citizenship in years. .
The administrative stay issued by US District Judge J. Campbell Barker comes just days after 16 states, led by Republican attorneys general, challenged the program that could benefit about 500,000 immigrants in the country, plus about 50,000 of their children. The states accused the administration of bypassing Congress for “obvious political purposes.”
One state leading the challenge is Texas, which in a lawsuit claims the state must pay tens of millions of dollars a year from health care to law enforcement because of immigrants living in the state without legal status.
President Joe Biden announced the program in June. The court order, which lasts two weeks but can be extended, comes a week after the Department of Homeland Security began accepting applications.
“The claims are extensive and require closer consideration than the court has been able to provide thus far,” Barker wrote.
Barker was appointed by former President Donald Trump in 2019 as a judge in Tyler, Texas, on the 5th US Circuit Court of Appeals, a place favored by lawyers who push conservative arguments.
The judge set a timetable that could produce a decision shortly before the November 5 presidential election or before the newly elected president takes office in January. Barker gave both sides until Oct. 10 to file briefs in the case.
The policy offers spouses of US citizens without legal status, who meet certain criteria, a path to citizenship by applying for a green card and staying in the US while undergoing the process. Traditionally, the process could have waited years outside the US, causing advocates to equate it to “family separation.”
The Department of Homeland Security did not immediately return an email seeking comment on the order.
“Tonight’s court decision to prevent the federal government from providing relief is devastating to thousands of Texas families who could benefit from this program,” Jessica Cisneros, an attorney for the Texas Immigration Law Council, said Monday.
Some of the families were notified of the receipt of the application, according to lawyers representing eligible families who filed a motion to intervene on Monday.
“Texas should not be able to decide the fate of hundreds of thousands of US citizens and their immigrant spouses without facing the facts,” said Karen Tumlin, founder and director of the Center for Justice Action, during a press conference before the order was issued.
The program is controversial in an election year where immigration is one of the biggest issues, with many Republicans attacking the policy and insisting it is a form of amnesty for lawbreakers.
Texas Republican Attorney General Ken Paxton welcomed the order.
“This is just the first step. We will continue to fight for Texas, our country, and the rule of law,” Paxton posted on the X social media platform.
To be eligible for the program, immigrants must have lived continuously in the US for at least 10 years, not pose a security threat or have a non-disqualifying criminal history, and have married a citizen on June 17 – the day before the program. declare.
They must pay a $580 fee to apply and fill out a lengthy application, which includes an explanation of why they are eligible for humanitarian parole and a list of supporting documents proving how long they have been in the country.
If approved, the applicant has three years to seek permanent residency. During this period, they can obtain work authorization.
Before this program, it was complicated for those who were in the US illegally to get a green card after marrying an American citizen. They can be asked to return to their country – often for years – and always face the risk that they are no longer allowed.