A federal judge ruled Thursday a Biden administration program That would allow unauthorized immigrants married to U.S. citizens to gain legal status and find a streamlined path to U.S. citizenship, making the policy illegal.
U.S. District Court Judge J. Campbell Barker, an appointee of newly elected President Donald Trump, ruled that the program violates U.S. immigration law. filed a lawsuit by Texas and more than a dozen other Republican-led states.
The ruling is a major defeat for the outgoing Biden administration, which argued that the policy, known as Keeping Families Together, promoted family unity among mixed-status households. When it was announced earlier this year, officials said about half a million undocumented immigrants would likely qualify for the program.
The Justice Department may appeal Thursday’s ruling, but the Keeping Families Together program will likely be in the crosshairs of the new Trump administration, which promised to dismantle President Biden’s immigration policy. Trump has separately pledged to close and militarize the U.S.-Mexico border and oversee the largest mass deportation in U.S. history.
Representatives from the White House and the Department of Homeland Security did not immediately respond to requests for comment.
The Keeping Families Together initiative was announced by Mr. Biden in June, just weeks after he took another executive action to sharply restrict asylum along the US-Mexico border.
The program would provide work permits and deportation protection to undocumented immigrants who are married to U.S. citizens and have lived in the U.S. for at least 10 years without committing serious crimes.
Most importantly, the policy would also allow these immigrants to apply for permanent residency, also known as a green card. After three years, green card holders who are married to U.S. citizens can apply for citizenship.
Immigrants who marry U.S. citizens are already eligible for a green card on paper. However, U.S. immigration law requires those who entered the U.S. illegally to leave the country and reenter legally in order to qualify for a green card. But leaving the U.S. after living in the country illegally for some time can lead to exile for three or 10 years, prompting many families to forego that option.
The Biden administration’s program would allow eligible immigrants to apply for a green card without having to leave the country by granting them an immigration benefit known as parole, effectively eliminating their illegal entry.
In his ruling, Campbell Barker said the Biden administration did not have the legal authority to grant parole to unauthorized immigrants already in the US.
Camilo Montoya Galvez
