Judge in Texas orders pause on Biden program that offers legal status to spouses of US citizens
McALLEN, Texas — A federal judge in Texas on Monday suspended a Biden administration policy that would have granted legal status to spouses of U.S. citizens without first having to leave the country, a temporary setback for one of the biggest presidential moves in years to smooth the path to citizenship.
The administrative ban, issued by U.S. District Judge J. Campbell Barker, comes just days after 16 states, led by Republican attorneys general, filed objections to the program, which could benefit an estimated 500,000 immigrants in the country, plus about 50,000 of their children.
One of the states leading the lawsuit is Texas. In the lawsuit, the state alleges that it is forced to pay tens of millions of dollars a year in health care and law enforcement costs because of immigrants who reside in the state without legal status.
President Joe Biden announced the program in June. The court order, which lasts two weeks but can be extended, comes a week after the Department of Homeland Security began accepting applications.
“The claims are substantial and warrant further consideration than the court has been able to give to date,” Barker wrote.
Barker was appointed in 2019 by former President Donald Trump to a judgeship in Tyler, Texas, which falls under the 5th U.S. Court of Appeals, a favorite venue for conservative advocates.
The judge set a timetable that could lead to a decision shortly before the Nov. 5 presidential election or before a newly elected president takes office in January. Barker gave both sides until Oct. 10 to file briefs in the case.
The policy offers 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 U.S. while they go through the process. Traditionally, the process could involve a years-long wait outside the U.S., leading to what proponents equate to “family separation.”
The Department of Homeland Security did not immediately respond to an email seeking comment on the order.
Texas Republican Attorney General Ken Paxton applauded the order.
“This is just the first step. We will continue to fight for Texas, our country, and the rule of law,” Paxton posted on the social media platform X.
According to attorneys representing eligible families who filed a request for intervention earlier Monday, several families have been notified that their applications have been received.
“Texas should not be able to decide the fate of hundreds of thousands of American citizens and their immigrant spouses without facing their realities,” Karen Tumlin, founder and executive director of the Justice Action Center, said at the press conference before the order was issued.
The coalition of states accused the administration of bypassing Congress for “clear political purposes.”
The program is especially controversial in an election year in which immigration is a major issue. Many Republicans oppose the policy, arguing that it is effectively a form of amnesty for people who have broken the law.
To qualify for the program, immigrants must have lived in the U.S. continuously for at least 10 years, not pose a security risk or have a disqualifying criminal history, and be married to a citizen by June 17 (the day before the program was announced).
They must pay a $580 fee to apply and complete a lengthy application form, which includes an explanation of why they are eligible for humanitarian release and a long list of supporting documents showing how long they have been in the country.
If the application is approved, applicants will have three years to: apply for permanent residence permitDuring that period they can obtain a work permit.
Before this program, it was complicated for people in the U.S. illegally to get a green card after marrying a U.S. citizen. They could be forced to return to their home country — often for years — and they always ran the risk of not being allowed back.