Undocumented migrants married to US citizens could go from the prospect of an eased path to citizenship to increased chances of getting deported after a federal judge from Texas struck down a recent policy from the Biden administration.
The program in question allowed migrants who met specific eligibility criteria and stepchildren of US citizens to apply for a green card while in the country, a change from the previous policy that required them to leave the country, potentially unable to return for several years as the bureaucracy progressed.
The measure, which reached some half a million people, was put on hold in August by US District Judge J. Campbell Barker just days after it was enacted after a series of Republican-led states accused the government of bypassing Congress. Now, Barker, who was appointed by Donald Trump during his first term, has ruled that the Biden administration overstepped its authority, stretching the legal interpretation of immigration law "past its breaking point."
The Department of Homeland Security (DHS) has questioned the authority of the court, saying in September that the freeze should have been vacated.
The GOP-led states argued that the program violated the Administrative Procedure Act and exceeded DHS's authority. DHS, however, maintained that even if the states have standing to sue and have met the requirements for injunctive relief, any pause in the program should be limited to the plaintiff states only, and not countrywide.
DHS's motion also challenged the states' assertions of irreparable harm, noting that the states are already providing services to these noncitizens regardless of their legal status. The agency argued that there is no reason to believe that these individuals, many of whom have lived in the U.S. for over a decade, would suddenly choose to leave the country now.
Despite the legal fight, the district judge ended up striking down the measure, and it is highly unlikely the future Trump administration will seek to appeal the decision when it takes office in January.
Moreover, the migrants now face increased danger of deportation as Trump has anticipated his willingness to target all undocumented citizens in the country. In an interview with NBC News after being elected, Trump said strengthening the U.S. border would be one of his top priorities after taking over the office in January next year, adding that the cost of mass deportations was "not a question of a price tag."
Trump, who emphasized mass deportation throughout his campaigns, explained that his administration would have no alternative but to proceed with these actions. He pointed out that his victory against Vice President Kamala Harris was a call to bring "common sense" to the country.
While he stressed making the border stronger, he noted that the U.S. should remain open to welcoming people.
"We obviously have to make the border strong and powerful and, and we have to — at the same time, we want people to come into our country," he said, NBC News reported. "And you know, I'm not somebody that says, 'No, you can't come in.' We want people to come in."
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