Judge in Texas orders pause on Biden program that offers legal status to spouses of US citizens
A federal judge in Texas on Monday temporarily halted a Biden administration policy that grants legal status to spouses of U.S. citizens without requiring them to leave the country. This pause represents a significant, albeit temporary, setback to one of the administration’s most substantial efforts to streamline the citizenship process in recent years.
U.S. District Judge J. Campbell Barker issued the administrative stay just days after 16 states, led by Republican attorneys general, filed a challenge against the policy. The states, which include Texas, argue that the administration bypassed Congress to achieve “blatant political purposes.” The program could potentially benefit around 500,000 immigrants and 50,000 of their children.
Texas, one of the states spearheading the legal challenge, claims that it incurs tens of millions of dollars in annual costs related to health care and law enforcement due to immigrants living in the state without legal status.
The Biden administration announced this policy in June. The court order, which is effective for two weeks but could be extended, was issued just one week after the Department of Homeland Security began accepting applications under the new policy.
Judge Barker, appointed by former President Donald Trump in 2019, stated that the “claims are substantial and warrant closer consideration than the court has been able to afford to date.” Barker serves as a judge in Tyler, Texas, within the jurisdiction of the 5th U.S. Circuit Court of Appeals, a venue often favored by advocates of conservative legal arguments.
Barker has set a schedule that could result in a decision being made shortly before the November 5th presidential election or before a newly elected president assumes office in January. Both parties have until October 10 to submit their briefs.
The policy in question provides a path to citizenship for spouses of U.S. citizens who lack legal status but meet specific criteria. This process traditionally required a lengthy wait outside the U.S., which advocates have compared to “family separation.” Under the new policy, eligible individuals can apply for a green card and remain in the U.S. during the application process.
The Department of Homeland Security did not immediately respond to requests for comment on the court’s order.
Jessica Cisneros, an attorney with the Texas Immigration Law Council, expressed concern over the decision, stating, “The court’s decision tonight to halt the federal government from providing relief is devastating to the thousands of Texas families that could have benefited from this program.”
Earlier on Monday, attorneys representing eligible families had filed a motion to intervene, notifying several families that their applications had been received.
Karen Tumlin, founder and director of the Justice Action Center, argued that “Texas should not be able to decide the fate of hundreds of thousands of U.S. citizens and their immigrant spouses without confronting their reality.”
The program has sparked significant controversy, particularly in an election year where immigration remains a central issue. Many Republicans have criticized the policy, labeling it a form of amnesty for individuals who violated immigration laws. Texas Attorney General Ken Paxton, a Republican, praised the court’s decision, stating, “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law.”
To qualify for the program, immigrants must have resided continuously in the U.S. for at least 10 years, pose no security threat, have no disqualifying criminal history, and have been married to a U.S. citizen by June 17, the day before the program was announced. Applicants must pay a $580 fee and submit a detailed application, including an explanation of their eligibility for humanitarian parole and documentation proving their long-term presence in the country.
If approved, participants will have three years to apply for permanent residency, during which time they can receive work authorization.
Before this program, obtaining a green card after marrying a U.S. citizen was a complicated process for those without legal status. They were often required to return to their home country, sometimes for years, with no guarantee of being allowed back into the U.S.
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