What Is Joe Biden’s Immigration Program For Spouses Of U.S. Citizens Which Has Now Been Declared Illegal?

On Thursday, November 7, a federal judge struck down a Biden administration initiative aimed at providing undocumented immigrants married to U.S. citizens with a pathway to legal status and an expedited route to citizenship, ruling it unlawful.

U.S. District Court Judge J. Campbell Barker, appointed by former President Donald Trump, determined that the program, called Keeping Families Together, conflicts with U.S. immigration laws, siding with Texas and over a dozen other Republican-led states in their lawsuit.

Biden Immigration Program For Spouses Of U.S. Citizens Declared Illegal

This decision is a significant blow to the Biden administration’s efforts, which promoted the initiative as a means to support family unity for mixed-status households. When launched earlier this year, officials estimated that approximately 500,000 undocumented immigrants could potentially benefit from the program.

While the Justice Department can appeal the ruling, the Keeping Families Together program is likely to be under scrutiny by the incoming Trump administration, as Trump has pledged to roll back Biden’s immigration policies. Additionally, Trump has promised to fortify the U.S.-Mexico border and execute large-scale deportations.

The Biden administration announced Keeping Families Together in June, shortly after implementing other measures to restrict asylum along the southern border.

The program would grant work permits and deportation protection to undocumented individuals who have been married to U.S. citizens and have lived in the U.S. for a decade without serious legal offenses. Importantly, it would also permit these immigrants to apply for green cards, or permanent residency. After three years as a green card holder, immigrants married to U.S. citizens can apply for citizenship.

What Is Biden’s Immigration Program For Spouses?

Under current law, undocumented immigrants married to U.S. citizens may qualify for a green card. However, those who entered the U.S. without authorization must first leave and re-enter legally to obtain one.

Departing after unlawful presence can trigger a three- or ten-year ban on returning, deterring many families from pursuing this route.

Biden’s program aimed to bypass this requirement by granting eligible individuals parole, allowing them to apply for green cards without leaving the country. However, in his ruling, Judge Barker stated that the administration lacks the authority to provide parole to those already within U.S. borders.

President Joe Biden’s immigration program for spouses, known as Keeping Families Together, was designed to provide undocumented immigrants married to U.S. citizens with a way to gain legal status without leaving the country. Here’s a breakdown of the program and how it aimed to operate:

Key Aspects of the Keeping Families Together Program

Legal Status for Spouses:

The program allowed undocumented spouses of U.S. citizens to apply for a green card without leaving the country. This provision was critical, as leaving the U.S. for any undocumented immigrant could trigger a re-entry ban (typically three to ten years).

It eliminated the risk of separation for spouses, aiming to keep families together while maintaining a legal immigration process.

Use of Parole:

Through parole, the program granted these spouses permission to reside in the U.S. while adjusting their status. Parole effectively erased the issue of illegal entry, which typically prevents such spouses from obtaining green cards.

Once on parole, these individuals could apply for green cards as immediate relatives of U.S. citizens, a status that could lead to eventual citizenship.
Requirements for Eligibility:

Applicants were required to be married to a U.S. citizen and have lived in the United States for a minimum of ten years.

They could not have any serious criminal history, ensuring the program focused on individuals with established ties and good standing in the community.

Path to Citizenship:

Once they received their green card, the immigrants could apply for citizenship after three years of continuous residence as lawful permanent residents, following the existing pathway for spouses of U.S. citizens.

Legal Challenges

In November 2024, a federal judge ruled the program illegal, arguing that the administration exceeded its authority in granting parole to immigrants already within the U.S., citing that this form of parole was typically reserved for individuals entering from outside the U.S. This ruling effectively halted the program, but the Biden administration could potentially appeal the decision.

Significance of the Program

The Keeping Families Together initiative aimed to address the long-standing issue of mixed-status families. By streamlining the process and removing the obstacles that separate families, the program focused on family unity and reducing the fear of deportation for individuals who have built their lives in the United States alongside U.S. citizen spouses.