Judge Biden blocks administration from granting legal status to immigrant spouses of US citizens

A federal judge in Texas on Monday granted a request by 16 Republican-led states that challenged the new policy and temporarily blocked the Biden administration from granting legal status to unauthorized immigrants married to US citizens.

District Court Judge J. Campbell Parker’s order was effectively terminated Just last week a major immigration project was unveiled For the roughly half a million immigrants living in the United States without legal status. Although preliminary and tentative, the ruling is an initial blow to one of two major moves Taken by President Biden in June Immigration is a key campaign issue in the 2024 presidential race.

It was announced a few weeks later Another administrative action that has drastically reduced access to asylum At the southern border, the program, known as Reuniting Families, was announced as a move to address the plight of some undocumented immigrants who have lived in legal limbo in the United States for years.

The policy allows unauthorized immigrants to apply for temporary work permits and deportation protections if they are married to U.S. citizens, have lived in the country for at least 10 years and passed background checks under an immigration benefit known as parole. The program is also open to undocumented foster children of US citizens. Those with criminal convictions are ineligible for the process.

Most importantly, the program opens a streamlined path to permanent residency and, years later, U.S. citizenship for eligible immigrants.

Immigrants, including those living in the U.S. illegally, can get a green card if they marry a U.S. citizen. But US law generally requires people who entered the US illegally to leave the country and re-enter legally to qualify for a green card. However, doing so could trigger a 3- or 10-year ban from the U.S., making many mixed-status families not pursue that option.

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While the Biden administration has argued that it promotes family unity among families that include U.S. citizens, Texas and other Republican-controlled states in a lawsuit filed Friday said the policy rewards illegal immigration. Red states that have challenged nearly every major Biden administration immigration move say the policy abuses immigration parole authority.

On Monday, Barker, a federal judge in Texas appointed by former President Donald Trump, issued an executive order barring the Department of Homeland Security from granting parole to applicants for the family reunification policy.

Barker made his order valid for 14 days, but he suggested extending it. Although they cannot approve them, federal officials can continue to accept applications under the program.

Department of Homeland Security spokeswoman Naree Gedudat confirmed Tuesday that the agency had stopped approving cases under the process.

“Keeping families together helps American citizens and their family members live in harmony with fundamental American values ​​without fear of separation,” Catudat said. “While we protect keeping families together in court, the Department of Homeland Security will comply with the court’s decision, including continuing to accept applications.”

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