A federal judge in Texas has issued a temporary pause on the Biden administration's new protections that would provide immigrant spouses of U.S. citizens a path to citizenship. The stay comes in response to a lawsuit filed by 16 states, led by Republican attorneys general, who argue that the policy could incentivize illegal immigration.
Texas, one of the states leading the challenge, claims significant financial burdens due to immigrants living in the state without legal status. The pause, ordered by U.S. District Judge J. Campbell Barker, will halt the program for at least two weeks while the legal challenge unfolds.
The program, announced by President Joe Biden in June, aims to offer spouses of U.S. citizens without legal status a route to citizenship by applying for a green card and remaining in the U.S. during the process. This initiative seeks to address the issue of prolonged family separation caused by the traditional years-long wait outside the U.S.
Applicants must meet specific criteria, including having lived continuously in the U.S. for at least 10 years, no security threats, and marriage to a citizen before June 17. The application process involves a $580 fee, detailed documentation, and an explanation of why humanitarian parole is warranted.
The Department of Homeland Security has not yet commented on the court order. Advocates for eligible families have expressed concerns over the impact of the pause on families awaiting decisions on their applications.
The coalition of states challenging the program accuses the administration of circumventing Congress for political reasons. The contentious nature of the program has intensified in an election year, with Republicans criticizing it as a form of amnesty for individuals who entered the country unlawfully.
If approved, applicants have three years to seek permanent residency and can obtain work authorization during this period. The administration estimates that around 500,000 individuals could be eligible, along with approximately 50,000 of their children.
Prior to this program, obtaining a green card for undocumented individuals marrying U.S. citizens was a complex process that often required returning to their home country for an extended period, with no guarantee of reentry.
