A Texas judge on Monday temporarily halted a policy designed to simplify the process for spouses of US citizens to gain legal status, dealing a blow to one of President Joe Biden's key immigration reforms. Judge J Campbell Barker granted a 14-day administrative stay in response to a lawsuit filed by the Republican attorneys-general of 16 US states against the Biden administration's policy. In June, Biden introduced the new policy, aiming to streamline citizenship for an estimated half-a-million immigrants married to US nationals. However, the 16 states involved in the lawsuit argue that the policy is costing them millions in public services, including healthcare, education, and law enforcement, utilized by these immigrants.
"The claims are substantial and warrant closer consideration than the court has been able to afford to date," Judge Barker wrote in his order. "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 stated on social media platform X following the order. The Biden administration has been grappling with immigration, a highly contentious issue among Americans ahead of the November presidential election, which will feature Vice-President Kamala Harris against Republican Donald Trump. The Democratic Party is navigating a delicate balance between being tougher on illegal migrants and reforming the country's inefficient immigration system.
Trump's presidential campaign has focused on depicting the United States as under siege by what he terms a migrant "invasion." The new rules would streamline the process for those eligible for permanent residence by eliminating the requirement to leave the country during the application process. The rules apply to those who have been in the country for at least 10 years and married to a US citizen before June 17, 2024, and also to an estimated 50,000 stepchildren of US citizens. Those approved would receive work authorization and the right to stay in the United States for up to three years while they apply for a green card, a pathway to full citizenship.
Monday's ruling suspends the granting of this "parole in place" status, but does not stop the government from continuing to accept applications for the status. In a statement, US Citizenship and Immigration Services (USCIS) confirmed it would continue to accept applications but would not grant any until the stay is lifted. "The District Court's administrative stay order does not affect any applications that were approved before the administrative stay order was issued," USCIS said. Immigrant rights group Justice Action Centre described the order as an "extreme measure." "To halt a process for which Texas has not been able to provide an iota of evidence that it would harm the state is baffling," said group founder Karen Tumlin. "This is heartbreaking for our clients and the thousands of couples who hope to benefit from this process and be able to live without fear that their family will be separated." The Justice Action Centre earlier on Monday filed a motion to intervene in the lawsuit to defend the program. Barker wrote that the court did not "express any ultimate conclusions about the success or likely success" of the plaintiffs' case while the stay is in place. The court announced an expedited hearing schedule in the case, but Barker noted that the two-week stay would likely be extended while proceedings are under way.
