In Texas, a judge has intervened to put a hold on a Biden-led initiative, which grants legal status to the spouses of U.S. citizens.
The temporary halt on the administrative stay, ordered by U.S. District Judge J. Campbell Barker, comes shortly after a group of 16 states, including Texas, led by Republican attorneys general, contest a program potentially benefiting over 500,000 immigrants and around 50,000 of their children.
Texas, a key instigator of the lawsuit, claimed they've been shelling out millions annually for services like healthcare and law enforcement due to undocumented immigrants residing within their state.
President Joe Biden inaugurated the program back in June. The court order, effective for two weeks, but potentially extendable, surfaced a week post the Department of Homeland Security commencing application acceptance.
"Considerable claims warrant further scrutiny beyond the court's current capacity," Barker penned in his note.
Barker, appointed by former President Donald Trump in 2019 as a judge in Tyler, Texas (located in the 5th U.S. Circuit Court of Appeals, a court frequently utilized by advocates pushing conservative viewpoints), outlined a timeline culminating in a potential decision prior to the November 5 presidential election or the inauguration of a new president in January. Both parties were granted until October 10 to submit briefs for the case.
The policy presents an opportunity for spouses of U.S. citizens lacking legal status, who meet specific criteria, to pursue citizenship through green card application while remaining in the U.S. throughout the process. This procedure often entails a years-long wait outside the U.S., resulting in what advocates interpret as "family separation."
The Department of Homeland Security failed to reply to an email requesting comment on the order.
Texas Attorney General Ken Paxton lauded the order, tweeting, "This is merely the initial step. We are committed to continuing our fight for Texas, our nation, and the law."
Certain families were notified of their application approvals, as reported by advocates seeking intervention on behalf of eligible families.
"Texas should not be authorized to determine the destinies of hundreds of thousands of U.S. citizens and their immigrant spouses without acknowledging their circumstances," Karen Tumlin, founder and director of Justice Action Center, asserted during the press conference before the order was issued.
The coalition of states accusing the administration of bypassing Congress for "obvious political reasons" filed the suit.
The program has sparked heated debates in an election year, where immigration remains one of the key issues, with numerous Republicans denouncing the policy and referring to it as a form of amnesty for lawbreakers.
To be eligible for the program, immigrants must have resided continually in the U.S. for at least a decade, have no security concerns or criminal history, and have been married to a citizen by June 16 — the day prior to the program announcement.
They must pay a $580 application fee and provide a comprehensive application, outlining reasons warranting humanitarian parole and supporting documents to prove their duration in the country.
Approved applications grant applicants a three-year window to seek permanent residency. During this period, work authorization becomes obtainable.
Before this program, securing a green card after marrying a U.S. citizen illegally was a complex process, often requiring a return to the home country — an extended absence — and carrying the risk of not being readmitted.
The temporary halt in the administration stay of the immigration program has stirred political controversy, with several states challenging its implementation due to perceived bypassing of Congress for political reasons. Texas, a prominent critic of the program, argues that it has been shouldering substantial financial burdens due to the presence of undocumented immigrants within its borders.
