MCALLEN, Texas — A federal judge in Texas on Monday ordered a temporary pause on the Biden administration's new protections that would allow immigrant spouses of U.S. citizens a path to citizenship.
The administrative stay issued by U.S. District Judge J. Campbell Barker comes after 16 states, led by Republican attorneys general, challenged the program Friday in a lawsuit that claimed the policy would encourage illegal immigration.
One of the states leading the challenge is Texas, which in the lawsuit claimed the state has had to pay tens of millions of dollars annually from health care to law enforcement because of immigrants living in the state without legal status.
President Joe Biden announced the program in June. The pause comes one week after DHS began accepting applications.
The order puts the program on hold for at least two weeks while the challenge continues.
"The claims are substantial and warrant closer consideration than the court has been able to afford to date," Barker wrote.
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 staying in the U.S. while undergoing the process. Traditionally, the process could include a years-long wait outside of the U.S., causing what advocates equate to "family separation."
The Department of Homeland Security did not immediately return an email seeking comment on the order.
Several families were notified of the receipt of their applications, according to attorneys advocating for eligible families who filed a motion to intervene earlier Monday.
“Texas should not be able to decide the fate of hundreds of thousands of U.S. citizens and their immigrant spouses without confronting their reality,” Karen Tumlin, the founder and director of Justice Action Center, said during the press conference before the order was issued.
The coalition of states accused the administration of bypassing Congress for “blatant political purposes.”
The program has been particularly contentious in an election year where immigration is one of the biggest issues, with many Republicans attacking the policy and contending it is essentially a form of amnesty for people who broke the law.
To be eligible for the program, immigrants must have lived continuously in the U.S. for at least 10 years, not pose a security threat or have a disqualifying criminal history, and have been married to a citizen by June 17 — the day before the program was announced.
They must pay a $580 fee to apply and fill out a lengthy application, including an explanation of why they deserve humanitarian parole and a long list of supporting documents proving how long they have been in the country.
If approved, applicants have three years to seek permanent residency. During that period, they can get work authorization. The administration estimates about 500,000 people could be eligible, plus about 50,000 of their children.
Before this program, it was complicated for people who were in the U.S. illegally to get a green card after marrying an American citizen. They can be required to return to their home country — often for years — and they always face the risk they may not be allowed back in.
Reaction to ruling
Cesar Espinosa FIEL Executive Director: “Today a judge asked for a stay in the PIP program benefiting 500,000 people who have been in the country for over ten years and are married to US citizens While this is a temporary halt while the judge looks at the merits in the case it definitely makes our community uneasy. We will follow this development closely and will await that the end of these two weeks this federal Judge makes a just decision benefiting many US citizens "
Texas Attorney General Ken Paxton on X: "BREAKING: We have temporarily BLOCKED Biden's unlawful new "parole in place" program. Biden's unconstitutional scheme would have rewarded over 1 million illegal aliens with the opportunity for citizenship after breaking our country's laws—and incentivized countless more. This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law. Great to work together with @America1stLegal @StephenM and our partner states."
U.S. Rep. Sylvia Garcia: “MAGA Republicans claim to be the party of family values, but at every turn they are hellbent on ripping families apart. They would rather demonize immigrants than allow them to contribute freely and fully to our economy and communities. Republicans are doing this for no other reason than to score cheap political points. We will not stop until we defeat this misguided and cruel Republican ploy and every eligible immigrant and family can benefit from Biden’s policy to keep families together.”
