A Texas judge has granted a temporary halt to a Biden administration policy aimed at streamlining the process for spouses of U.S. citizens to obtain legal status. Judge J. Campbell Barker issued a 14-day administrative stay, responding to a lawsuit filed by the Republican attorneys general of 16 states challenging the policy.
This decision deals a significant blow to one of President Joe Biden’s key immigration reform initiatives. Introduced in June, the policy aimed to simplify the path to citizenship for approximately 500,000 immigrants married to U.S. citizens.
The lawsuit, brought by 16 states, argues that the new policy imposes financial burdens on them by increasing costs for essential public services, including law enforcement, healthcare, and education.
Judge Barker, expressing the need for further review, indicated that he required more time to fully consider the implications of the policy.
“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” he wrote in his order.
Supporters of the lawsuit, including Texas Attorney General Ken Paxton, welcomed the judge’s decision. “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” Paxton said.
Immigration remains a deeply divisive issue in the United States, presenting significant challenges for the Biden administration, especially in the lead-up to the November presidential election. The Democratic Party has sought to balance strict measures against illegal immigration with reforms to improve the system. Meanwhile, former President Donald Trump, a potential Republican contender, has made immigration a central theme of his campaign, portraying the situation as an “invasion” of migrants.
Details of the Policy
The halted policy was designed to expedite the legal status of eligible immigrants without requiring them to leave the United States. It applied to those who had been in the country for ten years or more and were married to a U.S. citizen before June 17, 2024. The policy also covered an estimated 50,000 stepchildren of U.S. citizens. Qualified individuals would be granted work authorisation and allowed to stay in the country for up to three years while applying for a green card, which is a pathway to full citizenship.
Despite Monday’s ruling, the government continues to accept applications under the “parole in place” status. U.S. Citizenship and Immigration Services (USCIS) clarified that no new applications would be processed 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 organisations expressed disappointment over the pause. The Justice Action Centre called the order a “severe measure.” Karen Tumlin, the group’s founder, said, “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.”
In an effort to support the policy, the Justice Action Centre filed a motion to intervene in the lawsuit earlier on Monday.
