Judge Temporarily Blocks Biden Admin’s Immigration Plan

A federal judge in Texas has temporarily halted the Biden administration’s plan to provide legal status to spouses of U.S. citizens, setting the stage for a contentious legal battle over immigration policy.

At a Glance

Federal Judge J. Campbell Barker issued an administrative stay on the Biden administration’s “Keeping Families Together” program
The program could benefit over 500,000 spouses and 50,000 children of U.S. citizens
16 Republican-led states filed a lawsuit challenging the policy
The Department of Homeland Security can receive but not process applications during this period
A decision on the program’s future is expected by mid-October

Judge Puts Brakes on Biden’s Immigration Plan

U.S. District Judge J. Campbell Barker has issued a temporary halt to the Biden administration’s new immigration program, which aimed to provide legal status to undocumented spouses of American citizens. The administrative stay comes in response to a lawsuit filed by 16 states, spearheaded by Republican attorneys general, who argue that the policy encourages illegal immigration.

The program, known as “Keeping Families Together,” was launched last week and could potentially benefit over 500,000 spouses and 50,000 children under 21 whose parent is married to a U.S. citizen. It allows immigrant spouses to remain in the United States during the process of seeking permanent residency instead of having to return to their home countries.

A federal judge temporarily blocked the Biden administration from granting legal status to undocumented immigrants married to U.S. citizens under a new program. https://t.co/HehsesqKxn

— CBS Philadelphia (@CBSPhiladelphia) August 27, 2024

Legal Battle Unfolds

Judge Barker’s order halts the program for at least two weeks while the court considers the challenge. In his ruling, Barker stated, “The claims are substantial and warrant closer consideration than the court has been able to afford to date.” This temporary pause allows the court to conduct a more thorough review of the program’s legality and implications.

“This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” Texas Attorney General Ken Paxton said on social media in response to Barker’s ruling.

The lawsuit, supported by America First Legal, an organization led by former Trump advisor Stephen Miller, claims that Biden’s policy violates congressional laws and amounts to blanket amnesty for undocumented immigrants. Critics argue that the plan offers amnesty and incentivizes illegal migration, while proponents maintain that it keeps families together.

Impact on Applicants and Next Steps

During this period, the Department of Homeland Security can receive but not process applications for the program. This development has left many potential applicants in limbo, with some expressing anguish and frustration over the uncertainty of their future status.

“Keeping Families Together enables U.S. citizens and their family members to live without fear of separation, consistent with fundamental American values,” a DHS spokesperson stated. “The Department of Homeland Security will comply with the court’s decision, including continuing to accept applications, while we defend Keeping Families Together in court.”

The court has set a timeline for briefs to be submitted by October 10, with a decision expected by mid-October. This ruling underscores the ongoing tension between the Biden administration’s immigration policies and Republican-led states’ efforts to enforce stricter immigration controls. As the legal battle unfolds, hundreds of thousands of families remain in a state of uncertainty, awaiting a resolution that will significantly impact their lives and futures in the United States.