Judge puts Biden immigration program on hold after lawsuit from 16 states
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Ken Paxton. Photo: Kent Nishimura/Bloomberg via Getty Images
A federal judge in Texas on Monday temporarily put on hold a Biden administration program aimed at helping undocumented immigrants with U.S. citizen spouses.
Why it matters: Roughly 500,000 people who are in the U.S. without legal status could have benefitted from the program, called "Keeping Families Together." The government began accepting applications last week.
Catch up quick: U.S. District Court Judge J. Campbell Barker issued the stay for 14-day period in response to a request from attorneys general from 16 states, led by Texas.
- The Republican-led states argued in a court filing on Friday that the parole in place program was harmful to them and would encourage more unauthorized migration.
Zoom in: In his order, Barker said he decided on the temporary stay after undertaking "a first-blush review" of the merits of the states' arguments.
- "The claims are substantial and warrant closer consideration than the court has been able to afford to date," the judge wrote.
What they're saying: Texas Attorney General Ken Paxton on X called the program an "unconstitutional scheme" following the judge's order.
- "This is just the first step," Paxton said. "We are going to keep fighting for Texas, our country, and the rule of law."
The other side: The U.S. government in court filings called allegations that the program will incentivize unauthorized immigration "baseless."
- The government also said there's no valid claim states will be harmed by this program because it only applies to immigrants who have been in the country for at least 10 years.
In a statement on Monday, two immigrant rights groups that earlier in the day filed a request to defend the program in court denounced the judge's decision.
- "An order like this is an extreme measure that — by law — should only be taken in the most urgent of situations," said Karen Tumlin, founder and director of Justice Action Center, one of the groups.
- "This case does not meet that test. To halt a process for which Texas has not been able to provide an iota of evidence that it would harm the state is baffling."
The big picture: Obtaining legal status after marrying a citizen is a long and cumbersome process that requires people who entered the U.S. without authorization to move to their home country for at least 10 years before they can legally reside in the U.S.
- That means many immigrants don't apply for legal permanent residence, a key requirement to eventually become a citizen, and live in limbo.
- Under the program, spouses and stepchildren of U.S. citizens would have been able to obtain legal status and a work permit without having to leave the country.
- Rules for eligibility are strict.
Editor's note: This article has been updated with more details from the ruling and comment from Texas Attorney General Ken Paxton and Karen Tumlin, founder and director of Justice Action Center.
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