A federal judge in Texas has temporarily halted a Biden administration policy that would grant legal status to spouses of US citizens without requiring them to leave the country. This decision, made by US District Judge J. Campbell Barker, comes in response to a challenge from 16 states, primarily led by Republican attorneys general.
The program, announced by President Joe Biden in June, aims to benefit an estimated 500,000 immigrants in the US along with approximately 50,000 of their children. Texas, a key state in the legal challenge, argued that it has incurred significant costs due to providing services like healthcare and law enforcement to immigrants living in the state without legal status.
The court order, which is effective for two weeks but may be extended, was issued shortly after the Department of Homeland Security began accepting applications for the program. Judge Barker emphasized the need for further examination of the claims presented in the lawsuit.
The policy offers spouses of US citizens without legal status a pathway to citizenship by applying for a green card and remaining in the US during the process. Previously, this process often involved years of separation for families as individuals had to wait outside the US.
Republican Texas Attorney General Ken Paxton expressed support for the court order, stating that it is just the initial step in their efforts to uphold the rule of law. Advocates for eligible families have also intervened in the case, emphasizing the impact on US citizens and their immigrant spouses.
The program's eligibility criteria include having lived continuously in the US for at least 10 years, no security threats, marriage to a citizen before June 17, and payment of a $580 fee. If approved, applicants have three years to seek permanent residency and can obtain work authorization during this period.
Prior to this program, obtaining a green card for individuals in the US illegally after marrying a citizen was a complex process that often required returning to their home country for an extended period, with no guarantee of re-entry.
