A Texas federal judge on Monday issued a temporary halt to a key immigration policy introduced by the Biden administration, dealing a significant blow to one of the president’s major reform initiatives. The policy, which aims to streamline the process for spouses of U.S. citizens to obtain legal status, has been suspended for 14 days by U.S. District Judge J. Campbell Barker.
The pause comes in response to a lawsuit filed by Republican attorneys general from 16 states, who argue that the policy imposes financial burdens on their states due to increased public service costs, including healthcare, education, and law enforcement. The policy, announced by President Joe Biden in June, was designed to create a faster pathway to citizenship for an estimated 500,000 immigrants married to U.S. nationals.
In his order, Judge Barker noted that the claims made by the states warranted closer examination than the court had been able to provide so far. “The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Barker wrote.
Texas Attorney General Ken Paxton, whose state is one of the plaintiffs in the case, celebrated the decision. “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” Paxton stated on the social media platform X.
The Biden administration has been facing significant challenges in addressing immigration, a deeply divisive issue that has become a focal point in the lead-up to the November presidential election. The Democratic Party has been attempting to balance a tougher stance on illegal immigration with the introduction of reforms aimed at fixing the country’s inefficient immigration system.
The contested policy would have streamlined the application process for those already eligible for permanent residence by eliminating the requirement that they leave the country to complete their application. It applied to immigrants who had been in the United States for at least 10 years and were married to a U.S. citizen before June 17, 2024. The policy also extended to an estimated 50,000 stepchildren of U.S. citizens.
Under the policy, approved applicants would be granted work authorization and the right to remain in the United States for up to three years while applying for a green card, which is a pathway to full citizenship. Monday’s ruling suspends the granting of this “parole in place” status but allows the government to continue accepting applications.
The U.S. Citizenship and Immigration Services (USCIS) confirmed in a statement that it would continue processing applications but would not approve any until the stay is lifted. “The District Court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued,” the USCIS stated.
The Justice Action Center, an immigrant rights group, criticized the judge’s order as an “extreme measure.” Karen Tumlin, the group’s founder, expressed disappointment, saying, “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. This is heartbreaking for our clients and the thousands of couples who hope to benefit from this process and be able to live without fear that their family will be separated.”
The group filed a motion earlier Monday seeking to intervene in the lawsuit to defend the program. While Judge Barker noted that the court had not yet reached any conclusions about the likely success of the plaintiffs’ case, he announced an expedited hearing schedule. The two-week stay is expected to be extended as legal proceedings continue.