Texas judge temporarily halts Biden’s immigration policy for spouses of US citizens

A Texas judge has temporarily paused a key immigration policy from the Biden administration, which aimed to streamline the process for spouses of U.S. citizens to obtain legal status.

On Monday, Judge J. Campbell Barker issued a 14-day administrative stay in response to a lawsuit brought by Republican attorneys general from 16 states.

The policy, announced by President Joe Biden in June, sought to provide a quicker pathway to citizenship for an estimated half a million immigrants married to U.S. nationals.

However, the 16 states challenging the policy argue that it has led to significant costs in public services, including healthcare, education, and law enforcement, used by the immigrants.

“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Judge Barker wrote in his order.

“This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” said Texas Attorney General Ken Paxton, whose state is party to the case, in a post on social media platform X after the order.

The Biden administration has been struggling to address immigration, a hugely divisive issue for many Americans ahead of November’s presidential election, which will see Vice President Kamala Harris take on Republican Donald Trump.

The Democratic Party is walking a fine line of seeking to be tougher on illegal migrants while also introducing reforms to the country’s inefficient immigration system.

Trump’s campaign for the White House has centered on portraying the United States as under assault by what he calls a migrant “invasion.”

– ‘Extreme measure’ –
The new rules would streamline the process for those who already qualify for permanent residence by removing a requirement that they leave the country as part of the application process.

The rules applied to those in the country for at least 10 years and married to a US citizen before June 17, 2024, and also applied to an estimated 50,000 stepchildren of US citizens.

Those approved would be granted work authorization and the right to stay in the United States for up to three years while they apply for a green card, which is a pathway to full citizenship.

Monday’s ruling suspends the granting of this “parole in place” status, but does not halt the government from continuing to accept applications for the status.

In a statement, US Citizenship and Immigration Services (USCIS) confirmed it would continue to take applications but would not grant any until the stay was lifted.

“The District Court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued,” USCIS said.

Immigrant rights group Justice Action Center said the order was an “extreme measure.”

“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,” said group founder Karen Tumlin.

“This is heartbreaking for our clients and the thousands of couples who hope to benefit from this process and be able to live without fear that their family will be separated.”

The Justice Action Center earlier Monday filed a motion seeking to intervene in the lawsuit to defend the program.

Barker wrote that the court did not “express any ultimate conclusions about the success or likely success” of the plaintiffs’ case while the stay is in place.

The court announced an expedited hearing schedule in the case, but Barker noted that the two-week stay would likely be extended while proceedings are under way.