A recent federal court ruling negated a Biden administration policy facilitating citizenship for undocumented immigrants married to U.S. citizens without exiting the U.S.
The Hill reported that in a decisive blow to the Biden administration, U.S. District Judge J. Campbell Barker struck down a policy aimed at assisting undocumented immigrants married to U.S. citizens to seek permanent residency.
The policy titled "Keeping Families Together" sought to simplify the process for these undocumented spouses by enabling them to apply for green cards while remaining stateside.
The "Keeping Families Together" program was established by the Biden administration, featuring a provision that allowed undocumented spouses who have resided in the U.S. for over ten years to apply for green cards without having to leave the country.
This program applied to individuals married to U.S. citizens, not a security threat, and protected under the "parole in place." The Department of Homeland Security had projected that around 500,000 spouses and 50,000 stepchildren would benefit from this move.
The program was temporarily halted in August, pending a review by the court, following a legal challenge spearheaded by the state of Texas. The plaintiffs argued that the administration had overstepped its bounds bypassing Congress and implementing the policy.
The legal challenge from Texas, alongside other supporting states, criticized the policy for allegedly being politically motivated and imposing financial burdens on states. They argued that the policy was unauthorized by Congress and exceeded the statutory authority granted to the federal government.
In his ruling, issued on a Thursday, Judge Barker, a Trump appointee, agreed with the challengers.
"The Rule exceeds statutory authority and is not per law for this reason as well," Judge Barker concluded in his 74-page ruling document, emphasizing that the administration’s interpretation of parole requirements and the significant public benefits of such status were misplaced.
The strike-down of this policy arrives at a tense time politically, just after the presidential election where President-elect Trump, who ran a campaign strongly opposing Biden’s immigration policies, emerged victorious. Trump has vowed to commence a comprehensive deportation program on the first day of his presidency.
Meanwhile, the Department of Homeland Security defended its June policy document, stating that without this process, "hundreds of thousands of noncitizen spouses of U.S. citizens are likely to instead remain in the United States without lawful status." DHS officials further articulated the disruptions these families would face, both economically and emotionally, if forced to relocate.
The Department of Homeland Security highlighted the adverse impacts on undocumented families living in uncertainty and fear, which contradicts the administration's initiative towards a humane immigration system.
This policy aimed to stabilize the lives of mixed-status families, ensuring that noncitizen spouses could pursue a pathway to citizenship in a manner that maintains family unity and supports economic stability.
With the court's decision, the future of thousands of families hangs in the balance, awaiting the Biden administration’s next move, likely an appeal. This judicial setback not only symbolizes a significant hindrance to the current administration’s immigration reform aspirations but also showcases the ongoing national division over immigration policy.