A federal judge in Texas on Monday temporarily suspended a policy by President Joe Biden's administration that would have given spouses of U.S. citizens legal status without first having to leave the country, introducing at least one setback temporary for one of the largest presidential actions to ease the path to US citizenship in many years.
The ruling issued by federal judge J. Campbell Barker comes just days after 16 states, led by Republican attorneys general, challenged the program that could benefit about 500,000 immigrants in the country, plus about 50,000 of their children.
One of the states leading the push against the law is Texas, which claimed in a lawsuit that it is forced to spend tens of millions of dollars a year on law enforcement health insurance because of undocumented immigrants living in the state. .
Republican-controlled states contend the measure would cause irreparable harm and accused the administration of bypassing Congress for “overtly political purposes.”
President Joe Biden announced the program in June. The court order, which will be in effect for two weeks but could be extended, comes a week after the Department of Homeland Security began accepting applications.
On Tuesday, the Department of Homeland Security said the government would continue to accept applications and defend the program in court. Any applicant who was granted parole prior to the order will not be affected by this decision, the Department of Homeland Security said in a statement.
The Department of National Security did not respond to questions about how many applications have been received or approved, as well as how long it takes to review cases under the program, which the government calls “Keeping Families Together.”
“The program enables American citizens and their family members to live in the country without fear of separation, in accordance with fundamental American values,” said in a statement of the Department of National Security.
Gregory Chen, director of government relations at the American Immigration Lawyers Association, said he had heard from attorneys affiliated with the association that at least hundreds of people had applied since the program began on Aug. 19. He also said some requests were approved after just one day.
Lawyers are scrambling to understand what impact the decision to temporarily suspend this program will have on their clients. Mr. Chen said the organization's platform for lawyers interested in the Keeping Families Together program was “flooded” after the judge's decision late Monday with questions about the ramifications it could have for their clients.
Republican Texas Attorney General Ken Paxton, whose office is helping lead the lawsuit, welcomed the federal judge's decision. “This is only the first step. We will continue to fight for Texas, our country and the rule of law,” he said in a statement.
Persons who have lived for 10 years in the United States and are married to American citizens, at least since June 17 of this year, the day when President Biden's executive order came into force, qualify for the “Keeping Families United” program. The program does not apply to persons who pose a threat to the security of the United States and have a criminal record.
Applicants also had to submit a lengthy application and pay a fee of $580.
If their application is approved, applicants have three years to apply for permanent residence in the United States. During this period, they can get a work permit.
Before this program, it was difficult for people who were in the United States illegally to obtain permanent residency after marrying a U.S. citizen. They could be required to return to their country, often for many years, and they always faced the risk of not being allowed to return to America.
