A federal judge has ruled against a Biden administration policy that sought to facilitate a path to citizenship for certain undocumented immigrants married to U.S. citizens. The program, designed to assist immigrant families, allowed undocumented spouses and stepchildren of U.S. citizens to apply for a green card without leaving the country.
The initiative, known as 'Keeping Families Together,' provided temporary relief from deportation to an estimated 500,000 immigrants. However, the program was put on hold in August by U.S. District Judge J. Campbell Barker, who deemed the administration had exceeded its authority in implementing the policy.
Judge Barker's ruling stated that the Biden administration had stretched the interpretation of relevant immigration law beyond its limits. The termination of the program raises uncertainty for immigrant families, particularly with the impending return of former President Donald Trump to the White House.
Trump's recent election victory has sparked concerns among immigrant communities, as he has promised a strict stance on immigration, including mass deportations. During his campaign, Trump made several anti-immigrant remarks, further fueling apprehensions within immigrant populations.
The legal challenge against the program was led by Texas and 15 other states, with Republican attorneys general arguing that the initiative was politically motivated and would burden their states financially. The policy aimed to benefit individuals who had been living in the U.S. for at least a decade, posed no security threat, and had utilized existing deportation protection measures.
Applicants were required to pay a $580 fee and submit a detailed application justifying their eligibility for humanitarian parole. If approved, individuals would have had three years to pursue permanent residency and obtain work authorization.
While it remains unclear if any approvals were granted under the program, the judge's decision to halt it shortly after applications were accepted has left many in limbo. Noncitizen spouses already have avenues for legal status but often face lengthy waits and separation from family members due to the current application process.
