Judge blocks Biden administration from granting legal status to immigrant spouses of U.S. citizens

A federal judge in Texas on Monday temporarily blocked the Biden administration from granting legal status to unauthorized immigrants married to U.S. citizens, acceding to a request from 16 Republican-led states that challenged the new policy.

U.S. District Judge J. Campbell Barker’s order effectively ends a large immigration program that opened last week to roughly half a million immigrants living in the U.S. without legal status. While preliminary and temporary, the ruling is also an early blow to one of two major actions taken by President Biden in June on immigration, a top campaign issue in the 2024 presidential race.

Announced just weeks after another executive action that has greatly restricted access to asylum at the southern border, the program, known as Keeping Families Together, was billed as a measure to address the plight of some of the undocumented immigrants who have lived in the U.S. for years in legal limbo.

The policy allows unauthorized immigrants to apply for temporary work permits and protections from deportation, under an immigration benefit known as parole, if they are married to U.S. citizens, have lived in the country for at least 10 years and pass background checks. The program is also open to undocumented stepchildren of U.S. citizens. Those with felony convictions are not eligible for the process.

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Most importantly, the program also opens a streamlined path to permanent residency and, after several years, U.S. citizenship, for eligible immigrants.

Immigrants, including those living in the United States illegally, can obtain a green card if they marry a U.S. citizen. But U.S. law generally requires those who entered the country illegally to leave the country and re-enter legally in order to obtain a green card. However, doing so can trigger a 3- to 10-year ban on entering the United States, leading many mixed-status families to not pursue that option.

While the Biden administration has argued that its initiative promotes family unity in households that include U.S. citizens, Texas and the other Republican-controlled states said in a lawsuit filed Friday that the policy rewards illegal immigration. The Republican states, which have challenged nearly every major immigration measure by the Biden administration, said the policy abused parole authority for immigrants.

On Monday, Barker, the Texas federal judge appointed by former President Donald Trump, issued an administrative order prohibiting the Department of Homeland Security from granting parole to those applying for the Keeping Families Together policy.

Barker made his order valid for 14 days, but suggested he might extend it. While they cannot approve them, federal officials can continue to accept applications under the program.

Department of Homeland Security spokeswoman Naree Ketudat confirmed Tuesday that the agency had stopped approving cases under this process.

“Keeping Families Together allows American citizens and their family members to live without fear of separation, consistent with core American values,” Ketudat said. “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.”

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Camilo Montoya-Galvez

Camilo Montoya-Galvez is an immigration reporter at KeynoteUSA. Based in Washington, he covers immigration policy and issues.

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