In a significant setback for one of President Joe Biden’s key immigration reform efforts, a federal judge in Texas has temporarily suspended a policy aimed at expediting the process for spouses of U.S. citizens to obtain legal status. On Monday, Judge J. Campbell Barker issued a 14-day administrative stay, halting the implementation of the policy, which had been announced by the Biden administration in June 2024.
The policy, designed to streamline the path to citizenship for an estimated 500,000 immigrants married to U.S. nationals, has faced strong opposition from 16 Republican-led states. These states, led by Texas, argue that the policy imposes significant financial burdens on public services such as healthcare, education, and law enforcement.
In his order, Judge Barker stated, “The claims are substantial and warrant closer consideration than the court has been able to afford to date,” indicating that the legal challenges raised by the states merit further review.
Texas Attorney General Ken Paxton, a key figure in the lawsuit, expressed satisfaction with the ruling, stating on social media platform X, “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law.”
The Biden administration’s efforts to address immigration have been a contentious issue, particularly as the 2024 presidential election approaches. The Democratic Party is attempting to balance a tough stance on illegal immigration with the need for comprehensive reforms to the nation’s immigration system.
The policy, which was temporarily halted, sought to eliminate a requirement that spouses of U.S. citizens leave the country during the application process for permanent residency. It applied to individuals who had been in the U.S. for at least 10 years and were married to a U.S. citizen before June 17, 2024. The policy also extended to an estimated 50,000 stepchildren of U.S. citizens, granting them work authorization and the right to remain in the country for up to three years while their green card applications were processed.
While Monday’s ruling pauses the “parole in place” status, it does not prevent the government from continuing to accept applications. U.S. Citizenship and Immigration Services (USCIS) confirmed that they would continue to process applications but would not approve any new ones until the stay is lifted. USCIS also clarified that applications approved before the stay remains valid.
Immigrant rights groups have condemned the ruling, with the Justice Action Center describing it as an “extreme measure.” Karen Tumlin, the group’s founder, criticized the decision, stating, “To halt a process for which Texas has not been able to provide an iota of evidence that it would harm the state is baffling.”
The Justice Action Center has filed a motion to intervene in the lawsuit to defend the program. Meanwhile, Judge Barker emphasized that the court has not reached any final conclusions on the merits of the plaintiffs’ case and announced an expedited hearing schedule. The two-week stay is likely to be extended as the legal proceedings continue.
The case is expected to have significant implications for the future of U.S. immigration policy, particularly as the Biden administration seeks to navigate the complex and often divisive issue in the lead-up to the 2024 presidential election.
