A Texas judge on Monday issued a temporary pause on a policy aimed at streamlining the process for spouses of U.S. citizens to obtain legal status, marking a significant setback for one of President Joe Biden’s key immigration reform initiatives.
Judge J. Campbell Barker granted a 14-day administrative stay in response to a lawsuit filed by the Republican attorneys general of 16 states challenging the Biden administration’s policy.
In June, President Biden unveiled the new policy, designed to expedite the pathway to citizenship for an estimated half a million immigrants married to U.S. nationals. However, the 16 states involved in the lawsuit argue that the policy imposes financial burdens on them by increasing costs for public services such as healthcare, education, and law enforcement.
“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Judge Barker stated in his order.
Texas Attorney General Ken Paxton, whose state is part of the case, expressed his support for the ruling, saying, “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” in a post on social media platform X.
The Biden administration has been grappling with immigration, a highly divisive issue in the lead-up to the November presidential election, where Vice President Kamala Harris will face off against Republican Donald Trump. The Democratic Party is attempting to strike a balance between being tough on illegal immigration and reforming the country’s outdated immigration system.
Trump’s campaign has focused heavily on portraying the U.S. as being overwhelmed by what he describes as a migrant “invasion.”
Policy Impact and Controversy
The new rules would streamline the process for those already eligible for permanent residence by removing the requirement to leave the country as part of the application process. The rules applied to immigrants who had been in the U.S. for at least 10 years and were married to a U.S. citizen before June 17, 2024, as well as to an estimated 50,000 stepchildren of U.S. citizens.
Those approved under the policy would be granted work authorization and the right to remain in the U.S. for up to three years while applying for a green card, which leads to full citizenship.
Monday’s ruling suspends the granting of this “parole in place” status but does not prevent the government from continuing to accept applications.
In a statement, U.S. Citizenship and Immigration Services (USCIS) confirmed it would continue to accept applications but would not approve any 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.
The Justice Action Center, an immigrant rights group, criticized the order as an “extreme measure.” Karen Tumlin, the group’s founder, stated, “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.”
The Justice Action Center had earlier filed a motion to intervene in the lawsuit to defend the program.
While Judge Barker’s ruling does not make any final determinations on the lawsuit, it imposes a temporary stay as the case proceeds. The court has announced an expedited hearing schedule, but Barker indicated that the stay is likely to be extended during the proceedings.
