Judge Orders Temporary Stop to Biden Program Providing Legal Status to Spouses of US Citizens: NPR

President Joe Biden speaks at an event with the National Governors Association in the East Room of the White House in February.

Evan Vucci/AP

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Evan Vucci/AP

McALLEN, Texas (AP) — A federal judge in Texas on Monday halted a Biden administration policy that would grant legal status to spouses of U.S. citizens without first having to leave the country, at least a temporary setback to one of the president’s biggest actions to ease the path to citizenship in years.

The executive order, issued by U.S. District Judge J. Campbell Barker, comes just days after 16 states, led by Republican attorneys general, challenged the program, which could benefit about 500,000 immigrants in the country, plus about 50,000 of their children. The states accused the administration of bypassing Congress for “blatant political purposes.”

One of the states leading the charge is Texas, which claims in the lawsuit that it has been paying tens of millions of dollars each year in health care and law enforcement costs because of the large number of immigrants living in the state without legal status.

President Joe Biden announced the program in June. The court order, which is effective for two weeks but can be extended, comes a week after the Department of Homeland Security began accepting applications.

“These claims are significant and deserve more scrutiny than the court has been able to do to date,” Barker wrote.

Barker was appointed by former President Donald Trump in 2019 to serve as a judge in Tyler, Texas, on the 5th U.S. Circuit Court of Appeals, a venue favored by advocates making conservative arguments.

The judge set a timeline that could see a decision come just before the November 5 presidential election or before a new president takes office in January. Barker gave both sides until October 10 to file their cases.

The policy provides spouses of U.S. citizens without legal status who meet certain criteria a path to citizenship by applying for a green card and remaining in the United States while the process is carried out. Traditionally, this process can involve years of waiting outside the United States, resulting in what advocates refer to as “family separation.”

The Department of Homeland Security did not immediately respond to an email requesting comment on the order.

“The court’s decision tonight to block the federal government from providing relief is a disaster for thousands of Texas families who could benefit from this program,” Jessica Cisneros, an attorney with the advocacy organization Texas Immigration Law Council, said Monday.

Some families have been notified of the receipt of their applications, according to attorneys representing eligible families who filed for intervention early Monday.

“Texas should not be able to decide the fate of hundreds of thousands of U.S. citizens and their immigrant spouses without facing reality,” Karen Tumlin, founder and director of the Justice Action Center, said at a press conference before the order was issued.

The program is particularly controversial in an election year when immigration is one of the biggest issues, with many Republicans criticizing the policy and arguing that it is essentially a form of amnesty for lawbreakers.

Texas Republican Attorney General Ken Paxton welcomed the order.

“This is just the first step. We will continue to fight for Texas, for our country, and for the rule of law,” Paxton posted on the social media platform X.

To qualify for the program, immigrants must have lived continuously in the United States for at least 10 years, not pose a security threat or have an ineligible criminal record, and have been married to a U.S. citizen by June 17 — the day before the program was announced.

They must pay a $580 application fee and fill out a lengthy application, including an explanation of why they deserve humanitarian pardon and a long list of supporting documents proving how long they have been in the country.

If approved, applicants have three years to apply for permanent residency. During that time, they can apply for a work permit.

Before this program, it was difficult for people in the United States illegally to get a green card after marrying a U.S. citizen. They could be asked to return home — often for years — and they always faced the risk of not being allowed back.