Judge halts Biden program to protect undocumented spouses of U.S. citizens from deportation

A federal judge in Texas has temporarily blocked a new Biden administration program that allows undocumented spouses of U.S. citizens to remain in the country with their families while applying for green cards.

In the ruling Monday, U.S. District Judge J. Campbell Barker sided with 16 states that had sued the administration, writing that their claims against the program, called Keeping Families Together, “are substantial and warrant closer consideration than the court has been able to afford to date.” The states all have a Republican attorney general.

Undocumented immigrants who are married to American citizens typically have to leave the country to apply for a green card, but the “parole in place” program allows them to remain in the U.S. during the process.

The plan, touted as a key part of President Joe Biden’s pledge to “promote family unity” in the immigration system, was announced in June, shortly after the president signed a widely criticized executive order to limit the number of asylum-seekers entering the country when border crossings reach a certain threshold.

The green card program was hailed as a bold approach that is more in line with his promise of a more humane approach to immigration policy. It was also seen as a potentially transformative move that could affect the November election.

According to the White House, an estimated 500,000 people were eligible for the program. U.S. Citizenship and Immigration Services had begun accepting applications on Aug. 19.

The 16 red states, led by Texas, sued the Biden administration Friday, arguing that the executive branch had no authority to grant such sweeping parole to undocumented immigrants and claiming that it “incentivizes illegal immigration and will irreparably harm” their residents.

Notably, Barker wrote in his ruling that the stay applies only to federal agencies’ ability to grant parole in place. U.S. Citizenship and Immigration Services said it will continue accepting applications for the program but that it will not be approving requests while the stay is in place.