Legal status for US citizen spouses stalled as Texas judge halts Biden's immigration reform effort

Aug. 27, 2024, 6:43 p.m.

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A Texas judge has ordered a temporary pause on a policy that would streamline the process for spouses of US citizens to obtain legal status in the country, a blow to one of US President Joe Biden’s biggest immigration reform policies.

Judge J. Campbell Barker issued a 14-day administrative stay on Monday in response to a lawsuit filed by the Republican attorneys general of 16 US states challenging the policy.

In June, President Biden announced a new policy designed to simplify the process for an estimated 500,000 immigrants married to US citizens to become US citizens.

The 16 states bringing the lawsuit, however, say the policy is costing them millions of dollars in public services – including healthcare, education and law enforcement – used by the immigrants.

Advertisement In a statement Tuesday, Biden called the new ruling “wrong” while promising to “continue to fight to secure our border and fix our broken immigration system.”

Judge Barker wrote in his order that the “claims are substantial and warrant closer consideration than the court has been able to afford to date.”

“This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” said Texas Attorney General Ken Paxton, whose state is party to the case, in a post on social media platform X after the order.

The Biden administration has been struggling to address immigration, a hugely divisive issue for many Americans ahead of November’s presidential election, which will see Vice President Kamala Harris take on Republican Donald Trump.

The Democratic Party is walking a fine line of seeking to be tougher on illegal migrants while also introducing reforms to the country’s inefficient immigration system.

Trump’s campaign for the White House has centered on portraying the United States as under assault by what he calls a migrant “invasion.”

‘Extreme measure’

The new regulations would streamline the process for those already eligible for permanent residency by eliminating a requirement that they leave the country as part of the application procedure.

“These families should not be needlessly separated. They should be able to stay together, and my Administration will not stop fighting for them,” Biden said in his statement.

Advertisement The regulations applied to those who had been in the country for at least 10 years and were married to a US citizen before June 17, 2024, and also applied to an estimated 50,000 stepchildren of US citizens.

Those who were approved would be granted the right to work and the ability to stay in the United States for up to three years while they apply for a green card, which is a path to full citizenship.

Monday’s ruling suspends the granting of this “parole in place” status, but does not halt the government from continuing to accept applications for the status.

In a statement, US Citizenship and Immigration Services (USCIS) confirmed that it would continue to accept applications but would not grant any until the stay was lifted.

Advertisement “The District Court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued,” USCIS said.

Immigrant rights group Justice Action Center said the order was an “extreme measure.”

“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,” said group founder Karen Tumlin.

The Justice Action Center submitted a request on Monday to become part of the legal case in order to protect the program.