A Texas judge has imposed a temporary halt on a key aspect of President Joe Biden’s immigration reform policy, specifically the measure designed to simplify the legal status process for spouses of U.S. citizens. This development represents a setback for one of the Biden administration’s significant immigration initiatives.
On Monday, Judge J. Campbell Barker granted a 14-day administrative stay in response to a lawsuit filed by the Republican attorneys general from 16 states.
These states argue that the new policy is imposing substantial costs on public services, including healthcare, education, and law enforcement, due to the influx of immigrants benefiting from it.
The policy, announced by Biden in June, aimed to streamline the pathway to citizenship for approximately half a million immigrants married to U.S. nationals by eliminating the requirement for them to leave the country during the application process. The rules also applied to an estimated 50,000 stepchildren of U.S. citizens.
Those eligible would receive work authorization and be allowed to stay in the U.S. for up to three years while applying for a green card.
Judge Barker’s order suspends the issuance of this “parole in place” status but does not prevent the U.S. Citizenship and Immigration Services (USCIS) from continuing to accept applications.
USCIS confirmed that it will keep processing applications but will not approve any until the stay is lifted. The ruling does not affect applications that were approved prior to the stay.
Texas Attorney General Ken Paxton expressed determination to continue challenging the policy, stating on social media, “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law.”
Immigrant rights groups have criticized the ruling, with Justice Action Center founder Karen Tumlin calling it an “extreme measure” that unjustly halts a process beneficial to many families. The court has scheduled an expedited hearing but indicated that the stay might be extended as the case proceeds.