A Trump-appointed judge in Texas has blocked the implementation of an executive order from President Joe Biden that would have granted immigrants in the country without authorization but married to U.S. citizens an easier path to citizenship, CBS News reported.
The decision by District Court Judge J. Campbell Barker came as a result of a request from 16 Republican-led states that challenged the new policy. The Texas judge’s order brings a large immigration program — one that opened just last week and would have provided relief to 500,000 immigrants who have lived in the country for over 10 years — to a screeching halt.
The program called “Keeping Families Together” was created to provide a pathway to citizenship for undocumented spouses of U.S. citizens who met a list of specific requirements. Under the status quo, such individuals are required to leave the country before applying for a green card, granting temporary authorization. The Biden administration's "parole in place" approach would allow them to apply without first leaving the country and their families behind.
Keeping Families Together started accepting applications on Aug. 19. However, the program was sued by Republican attorneys general last Friday, with Texas' Ken Paxton claiming the program “directly violates the laws created by Congress,” NBC News reported.
In his ruling, Judge Barker wrote that the states' claims “are substantial and warrant closer consideration than the court has been able to afford to date.” While his ruling is only a temporary pause on the program, it should be noted that this entire ordeal is the latest example of what can be described as judge shopping.
Trump nominated Barker for a judicial seat in the United States District Court for the Eastern District of Texas back in 2018. He was narrowly confirmed by the Senate the following year.
In recent years, especially, conservative plaintiffs have been able to challenge Biden administration policies on everything from abortion to immigration by filing lawsuits in courts where they know judges will grant them standing and sympathize with their arguments. This litigation tactic received some pushback in March when the federal judiciary’s policy-making body suggested that it would require federal courts to combat the practice, Politico reported.
Department of Homeland Security spokesperson Naree Kedut told CBS News on Tuesday that the government has already stopped processing applications, even as it welcomes more of them.
"Keeping Families Together enables U.S. citizens and their family members to live without fear of separation, consistent with fundamental American values," Ketudat said. "The Department of Homeland Security will comply with the court's decision, including continuing to accept applications, while we defend Keeping Families Together in court."
