On Monday, August 26, a Texas judge issued a temporary halt on a policy aimed at expediting the process for spouses of U.S. citizens to obtain legal status.
The policy, announced by President Joe Biden in June, seeks to provide a streamlined pathway to citizenship for approximately half a million immigrants married to U.S. nationals.
Judge J. Campbell Barker granted a 14-day administrative stay in response to a lawsuit filed by the Republican attorneys general of 16 states. These states argue that the policy would impose significant financial burdens, citing increased costs in public services such as healthcare, education, and law enforcement due to the immigrants benefiting from the policy.
“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Judge Barker noted in his order.
This ruling temporarily suspends the “parole in place” status, which would have allowed eligible immigrants to remain in the United States while applying for a green card, thus bypassing the need to leave the country during the process. The policy also included an estimated 50,000 stepchildren of U.S. citizens.
Despite the ruling, the U.S. Citizenship and Immigration Services (USCIS) confirmed that it will continue to accept applications under the new rules but will not approve 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 clarified.
Texas Attorney General Ken Paxton, a key party to the case, praised the ruling on social media, vowing to “keep fighting for Texas, our country, and the rule of law.”
The Biden administration’s efforts to reform the U.S. immigration system amid tougher stances on illegal immigration have faced strong opposition, especially with the upcoming November presidential election. Former President Donald Trump, who is expected to challenge Vice President Kamala Harris, has focused his campaign on portraying the U.S. as under threat from a supposed migrant “invasion.”
Immigrant rights advocates have condemned the court’s decision, with Karen Tumlin, founder of the Justice Action Center, calling the ruling an “extreme measure” that unfairly affects thousands of families. The Justice Action Center has filed a motion to intervene in the lawsuit to defend the program.
While no final decisions have been made on the case’s merits, Judge Barker acknowledged that the two-week stay could be extended as legal proceedings continue, adding uncertainty to the future of Biden’s immigration reform efforts.
