On Monday, a Texas judge issued a temporary suspension of a policy aimed at expediting the legal status process for spouses of U.S. citizens, dealing a setback to one of President Joe Biden’s major immigration reform initiatives.
Judge J. Campbell Barker granted a 14-day administrative stay in response to a lawsuit filed by the Republican attorneys general of 16 states challenging the Biden administration’s policy.
Introduced in June, Biden’s policy sought to create a streamlined path to citizenship for approximately half a million immigrants married to U.S. citizens. However, the 16 states contesting the policy argue it imposes significant costs on public services, including healthcare, education, and law enforcement.
Judge Barker’s order acknowledged that the lawsuit’s claims “are substantial and warrant closer consideration than the court has been able to afford to date.”
Texas Attorney General Ken Paxton, representing one of the states involved in the case, expressed determination to continue challenging the policy, stating on social media, “We are going to keep fighting for Texas, our country, and the rule of law.”
The Biden administration has been facing challenges in addressing immigration, a contentious issue as the nation approaches the November presidential election. The administration has aimed to balance a tougher stance on illegal immigration with reforms to the U.S. immigration system.
Former President Donald Trump, who is running for re-election, has focused his campaign on depicting the U.S. as being under threat from what he describes as a migrant “invasion.”
**Details of the Policy**
The new rules were designed to streamline the process for immigrants who already qualify for permanent residence by removing the requirement for them to leave the country as part of their application. These rules applied to those who had been in the U.S. for at least ten years and were married to a U.S. citizen before June 17, 2024, as well as to an estimated 50,000 stepchildren of U.S. citizens.
Under the policy, approved applicants would be granted work authorization and permission to remain in the U.S. for up to three years while applying for a green card, which could lead to full citizenship.
The ruling on Monday suspends the issuance of this “parole in place” status but allows the government to continue accepting applications. U.S. Citizenship and Immigration Services confirmed it would keep taking applications but would not approve any until the stay is lifted.
**Reactions to the Ruling**
The Justice Action Center, an immigrant rights organization, criticized the ruling as an “extreme measure,” arguing that Texas has failed to provide evidence of harm caused by the policy. Karen Tumlin, the group’s founder, stated, “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.”
Tumlin also expressed concern for the thousands of couples who could benefit from the policy, saying, “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.”
Earlier on Monday, the Justice Action Center filed a motion to intervene in the lawsuit to defend the program.
While issuing the stay, Judge Barker noted that the court has not reached any final conclusions regarding the merits of the plaintiffs’ case. The court has set an expedited hearing schedule, with the possibility of extending the stay while legal proceedings continue.
