On Monday, a Texas judge issued a temporary halt on a policy designed to simplify the process for spouses of U.S. citizens to gain legal status, marking a setback for 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 from the Republican attorneys general of 16 states challenging the Biden administration’s policy.
Announced in June, Biden’s new policy aimed to streamline the path to citizenship for around half a million immigrants married to U.S. nationals.
The 16 states involved in the lawsuit argue that the policy imposes significant financial burdens on them due to increased use of public services such as healthcare, education, and law enforcement by the immigrants.
“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Judge Barker stated in his ruling.
“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 after the order.
The Biden administration faces ongoing challenges with immigration, a contentious issue as the November presidential election approaches, with Vice President Kamala Harris set to face Republican Donald Trump. The Democratic Party is navigating a delicate balance between tougher stances on illegal migration and reforming the country’s immigration system.
Trump’s campaign has focused on portraying the U.S. as being under threat from what he describes as a migrant “invasion.”
The new rules aimed to ease the process for those eligible for permanent residence by eliminating the need for them to leave the country during the application process. They applied to individuals who had been in the U.S. for at least 10 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.
Approved applicants would have received work authorization and could stay in the U.S. for up to three years while applying for a green card, a step towards full citizenship.
Monday’s ruling suspends the issuance of this “parole in place” status but does not prevent the government from accepting applications for it.
U.S. Citizenship and Immigration Services (USCIS) confirmed it would continue to accept applications but would hold off on approvals until the stay is lifted.
“The District Court’s administrative stay order does not affect any applications that were approved before the stay was issued,” USCIS said.
Immigrant rights group Justice Action Center called the order an “extreme measure.”
“To halt a process for which Texas has not provided any evidence of harm is baffling,” said Karen Tumlin, the group’s founder. “This is heartbreaking for our clients and the thousands of couples who hoped to benefit from this process and live without fear of separation.”
Earlier on Monday, the Justice Action Center filed a motion to intervene in the lawsuit to defend the program.
Judge Barker noted that while the court had not made any final judgments on the likelihood of success for the plaintiffs, the two-week stay would probably be extended as proceedings continue.
