A federal judge in Texas has temporarily paused a new immigration program from the Biden administration, which officials believe could protect hundreds of thousands of undocumented spouses of U.S. citizens from deportation. This 14-day halt, issued on Monday, is in response to a lawsuit filed by 16 Republican-led states against the Biden administration’s program.
The “Keeping Families Together” program, which started last week, would apply to those who have lived in the U.S. for at least 10 years and provide them with legal work authorization. Polls indicate that immigration remains a significant concern for many voters leading up to November’s presidential election.
Immigration program benefits 500,000 spouses
When the White House announced the new program in June, officials stated that more than 500,000 spouses would be eligible. They also mentioned that the policy would benefit 50,000 people under 21 whose parent is married to an American citizen. The announcement represented the most significant relief program for undocumented migrants already in the US since the Obama administration introduced the Deferred Action for Childhood Arrivals (DACA) in 2012.
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Who is eligible under the plan?
Under the now-temporarily suspended program, the undocumented spouses of US citizens would qualify if they had lived in the country for a decade and were married as of June 17. Those who qualify would have three years to apply for permanent residency and would be eligible for a three-year work permit. Unlike the previous system, which required applicants to leave the US to apply, the new plan would allow them to remain in the country while seeking legal status.
The program is also available to undocumented stepchildren of U.S. citizens. However, those with felony convictions are not eligible for the process. The program also provides a streamlined pathway to permanent residency and, after several years, U.S. citizenship for eligible immigrants.
Immigrants, including those living in the U.S. illegally, can obtain a green card if they marry an American citizen. However, U.S. law generally requires those who entered the U.S. illegally to leave the country and re-enter legally to qualify for a green card. This requirement can result in a 3- or 10-year ban from the U.S., leading many mixed-status families to avoid pursuing that option.
Put on pause for two weeks
Judge J. Campbell Barker’s order on Monday put the plan on hold for two weeks as the court reviews the case, with the possibility of an extension. The Department of Homeland Security is allowed to continue receiving applications in the meantime but cannot process them. Judge Barker, appointed by former President Donald Trump, noted in his order that the claims are substantial and warrant a closer examination than the court has been able to provide so far.
Texas Attorney General Ken Paxton praised the order, stating on social media that this was just the first step and that efforts would continue to fight for Texas, the country, and the rule of law. Critics of the Biden plan argue that it provides amnesty to migrants who entered the country illegally. In contrast, supporters contend that it will help families stay together and criticize the old system for separating families.
U.S. government, immigrant rights groups react
The U.S. government described allegations that the program will incentivize unauthorized immigration as “baseless” in court filings. The government also argued that states have no valid claim of being harmed by the program, as it only applies to immigrants who have been in the country for at least 10 years.
On Monday, two immigrant rights groups, which had filed a request earlier in the day to defend the program in court, criticized the judge’s decision.
Karen Tumlin, founder and director of the Justice Action Center, one of the groups, stated that an order like this is an extreme measure that should only be taken in the most urgent situations. Tumlin rfurther stated that this case does not meet that criteria and expressed confusion over the halt of a process for which Texas has not been able to provide any evidence that it would harm the state.
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