A Texas judge has temporarily halted a policy designed to simplify the legal status process for spouses of U.S. citizens, impacting a significant immigration reform effort by President Joe Biden. On Monday, Judge J. Campbell Barker issued a 14-day stay in response to a lawsuit from Republican attorneys general in 16 states who oppose the policy.
Biden introduced the policy in June, aiming to create a smoother path to citizenship for approximately half a million immigrants married to U.S. citizens. However, the states involved in the lawsuit argue that the policy is draining their resources, including healthcare, education, and law enforcement services.
Judge Barker acknowledged the weight of the claims, stating that they require more thorough consideration than the court has had time to give. Texas Attorney General Ken Paxton, a leading figure in the case, expressed his intent to continue fighting for Texas and the rule of law.
The Biden administration has been grappling with immigration issues, a topic that deeply divides Americans as the November presidential election approaches, where Vice President Kamala Harris is expected to face off against Republican Donald Trump. The Democratic Party is attempting to balance stricter measures against illegal immigration with reforms to the country’s complicated immigration system.
Trump’s campaign has focused on the idea that the U.S. is being overwhelmed by a “migrant invasion.”
The contested policy aimed to simplify the process for those eligible for permanent residency by removing the requirement to leave the country during the application process. The rules would have applied to individuals in the U.S. for at least ten years and married to a citizen before June 17, 2024, including about 50,000 stepchildren of U.S. citizens. Approved applicants would receive work authorization and the right to stay in the U.S. for up to three years while seeking a green card, leading to full citizenship.
Although the ruling temporarily stops the “parole in place” status, the government can still accept applications, though none will be approved until the stay is lifted. U.S. Citizenship and Immigration Services (USCIS) confirmed this in a statement, noting that applications approved before the stay remain unaffected.
The Justice Action Center, an immigrant rights group, criticized the decision, calling it an “extreme measure” and arguing that Texas has not provided evidence of harm from the policy. The center has filed a motion to intervene in the lawsuit to defend the program.
Judge Barker emphasized that the court has not yet reached a final decision on the lawsuit’s merits and that the two-week stay will likely be extended as the case proceeds.