Special Poll
A federal judge recently overturned a Biden administration policy aimed at assisting undocumented immigrants married to U.S. citizens in securing a path to lawful residency. The program was designed to allow these spouses to apply for green cards without leaving the U.S., thus keeping families together and offering a chance at stability for many mixed-status households.
U.S. District Judge J. Campbell Barker, who was appointed during the Trump administration, halted this program back in August, citing legal challenges. On Thursday, Judge Barker delivered his ruling, asserting that the Biden administration had exceeded its authority by implementing the policy without direct congressional approval. The program, known as “Keeping Families Together,” became a point of contention among several states, led by Texas, where attorneys general argued the policy was a political maneuver that overstepped legal boundaries and would increase financial strain on state resources.
In his detailed ruling, Judge Barker stated that the policy misinterpreted federal law, particularly around the criteria of “parole” for allowing immigrants to remain in the country. He highlighted that the program’s definition of “significant public benefits” was misaligned, as it focused on the advantages of granting legal status rather than assessing broader public needs. This interpretation, according to Barker, went beyond what current immigration law permits.
The policy was specifically crafted for immigrants who had resided in the U.S. for over a decade, posed no security risks, and were already shielded from deportation under the “parole in place” framework. Eligible individuals needed to be married to U.S. citizens and were required to complete an application process, which, if approved, granted them three years to pursue a green card.
The Department of Homeland Security (DHS) had estimated that the initiative could benefit approximately 500,000 immigrant spouses and 50,000 stepchildren, helping families stay together and lessening the constant fear of deportation. DHS officials warned that without this policy, many families would face ongoing uncertainty and risk, impacting their overall well-being and stability.
This decision marks a significant shift in immigration policy for undocumented spouses of U.S. citizens, highlighting the ongoing debate over executive authority and the role of Congress in shaping the nation’s immigration laws. For those affected, the ruling has renewed concerns over family separation and legal precarity, leaving many in limbo about their future in the U.S.