A federal judge in Texas has struck down a Biden administration program aimed at providing a pathway to U.S. citizenship for undocumented immigrants married to American citizens. The ruling was made by Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas.
This decision follows a lawsuit filed by 16 Republican-led states, spearheaded by Texas Attorney General Ken Paxton, which argued that the administration lacked the legal authority to implement the program. In August, Judge Barker had already issued a temporary block on the initiative shortly after its launch.
In a 74-page ruling, Judge Barker stated that the Biden administration did not possess the authority to create the program, noting that it would have likely been terminated after the expected inauguration of President-elect Trump in January.
The initiative, named Keeping Families Together, was launched in August and aimed to permit undocumented immigrants married to U.S. citizens, who had resided in the United States for ten years or more, to apply for a green card without having to leave the country.
Typically, undocumented immigrants must exit the U.S. to complete the green card process, which can take several years. The Biden program, although in effect for only a week, allowed those married to U.S. citizens to remain in the country by granting them a status called “parole,” which offered protection from deportation.
President Biden praised the program as a means to keep families united and alleviate the anxiety surrounding deportation. He stated that these couples have been integral to their communities, contributing to society while living in constant fear.
In response to the ruling, attorneys general from the Republican-led states claimed it not only imposed costs on their jurisdictions but also attracted further migration. Missouri Attorney General Andrew Bailey declared the ruling a victory for the rule of law.
Supporters of the initiative, including immigration lawyers, expressed disappointment over the ruling, indicating it would exacerbate the backlog in the immigration system. Dan Berger, an immigration attorney, highlighted the lengthy wait times that undocumented immigrants would now face.
Rebecca Shi, head of the American Business Immigration Coalition, characterized the lawsuit as a misguided approach and urged Republican leaders to advocate for all families in their states instead of opposing constructive measures. She noted that polls indicated a significant portion of Trump voters supported legal status for undocumented spouses of U.S. citizens.
The Biden administration has not yet commented on whether it will appeal the ruling.