A federal judge recently invalidated a policy introduced by the Biden administration that sought to facilitate a pathway to citizenship for certain undocumented immigrants married to U.S. citizens.
This initiative, regarded as a significant move to assist immigrant families in recent years, permitted undocumented spouses and stepchildren to apply for a green card without needing to leave the United States first.
The program, which was expected to provide temporary relief from deportation to an estimated 500,000 immigrants, was put on hold by Judge J. Campbell Barker from Texas just days after applicants began to file their paperwork in August.
In his ruling, Barker determined that the Biden administration had exceeded its authority by enacting the program and stretched the interpretation of immigration law too far.
The initiative, titled “Keeping Families Together,” was unlikely to be sustained if Donald Trump returned to power in January. Its early cessation, however, has left immigrant families in a state of uncertainty as many anticipate Trump’s potential comeback in the White House.
Trump’s recent electoral win paves the way for a vigorous pursuit of undocumented individuals, as he campaigned on promises of “mass deportation.” His rhetoric during the campaign, which included derogatory remarks about immigrants, generated enthusiasm among his supporters.
During his previous presidential term, Trump appointed Barker as a judge in Tyler, Texas, a location that is within the 5th U.S. Circuit Court of Appeals, known for favoring conservative legal perspectives.
Barker had temporarily suspended the immigration policy after Texas, along with 15 other states led by Republican attorneys general, lodged a legal complaint claiming that the program allowed the executive branch to bypass Congressional authority for obvious political motives.
Republicans have contended that the initiative imposed financial burdens on their states and had the potential to attract more migrants to the country.
The policy was geared towards individuals who had lived in the U.S. continuously for at least a decade, posed no security risks, and had used the existing legal provision known as “parole in place” to obtain deportation protections.
Married couples eligible for the program as of June 17 could submit a detailed application, explaining their need for humanitarian parole along with a $580 fee. If their applications were approved, they would have a three-year window to seek permanent residency and acquire work authorization.
As of Thursday, it remained uncertain if any applicants had been granted approval before the federal judge halted the program, which had only been accepting submissions for about a week.
While noncitizen spouses can seek legal status, they often must do so from their home countries. This process can lead to lengthy waits outside the U.S., resulting in separation from family members with differing immigration statuses.