Court Nullifies Biden Administration’s Protection Plan for Immigrant Spouses Against Deportation

November 8, 2024

Updated: November 8, 2024

TYLER, Texas — A significant policy change ‌by the Biden⁢ administration, designed to simplify⁣ the citizenship ⁤process for undocumented immigrants married to U.S. citizens, was overturned by a federal ⁤judge on Thursday.

The policy,⁤ hailed as one of the most significant presidential actions in recent years to aid immigrant families,⁤ permitted undocumented spouses and stepchildren of U.S. citizens to apply for a ⁣green card without ⁢the necessity⁣ of leaving the country first.

The temporary reprieve⁢ from⁣ deportation provided a fleeting sense of security to an estimated 500,000 immigrants who were expected to ‍benefit ⁤from the program. However, U.S. District Judge J. Campbell Barker, based in Texas, suspended the program in⁢ August, mere days after the application process had begun.

On Thursday, Barker ruled that the Biden‌ administration had exceeded ‌its authority by⁤ implementing the ⁤program, stating that it‌ had pushed the legal interpretation of the relevant immigration law “beyond its limits.”

The Biden ‌administration’s‍ short-lived initiative, dubbed “Keeping Families Together,” was ⁣unlikely to⁢ have survived after Donald Trump assumed ‌office in January.‌ However, its ⁣premature termination has increased the uncertainty‌ faced⁤ by immigrant families, many of whom are preparing for Trump’s return to the White ‌House.

Trump’s election victory this week paves the way for a rapid ⁢crackdown on undocumented ⁤individuals, following ⁢his ⁢campaign promises of “mass⁢ deportation.” The president-elect⁣ galvanized his ‍supporters on the ‍campaign ⁢trail with⁤ a series of anti-immigrant statements,⁣ including claims that immigrants were “contaminating the⁢ nation’s blood.”

During ⁢his first term, Trump appointed Barker as a judge in ‌Tyler, Texas, which falls under the jurisdiction of the 5th U.S. Circuit Court of‌ Appeals, a preferred venue for‍ advocates⁢ promoting conservative arguments.

Barker suspended the immigration initiative after Texas and 15 other states, spearheaded by their Republican attorneys general, lodged a legal challenge. ⁤They ⁣accused the executive branch of circumventing Congress to assist immigrant families for “overtly political reasons.”

Republicans contended ‍that the initiative would impose ⁢costs on⁢ their ⁢states and potentially‌ attract more migrants to the U.S.

The policy was intended for individuals who have resided continuously in the U.S.‍ for a minimum of 10 years, do not pose⁤ a security risk, and have made‌ use ⁤of the existing legal provision known as ⁢”parole in place,” ⁢which provides⁤ protection against deportation.

Those who were married to a citizen by ⁤June 17, ⁢the day⁣ before the program was announced, could submit a ⁣$580 application ⁤fee and⁤ complete a comprehensive application detailing why they merit humanitarian parole. If approved, applicants would have a three-year window to pursue permanent residency and‌ secure work authorization.

As of Thursday, it remained unclear whether anyone⁢ had been granted approval under the program,⁢ which only accepted ⁤applications ‌for approximately a week before the judge suspended it.

Noncitizen spouses are ‌already eligible for legal status but typically have to apply from ⁣their home countries. This process often involves⁣ a‌ lengthy wait outside of the‍ U.S., which can result in the separation of family members with differing immigration⁢ statuses.