Federal judge pauses a program that grants protections for undocumented spouses

A Texas federal judge late Monday sided with 16-Republican led states to temporarily block a Biden administration program that grants deportation protections for undocumented spouses of U.S. citizens and a potential pathway to citizenship.

The ruling by Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas, is an administrative stay, meaning no applications can be processed while the case is ongoing. The Department of Homeland Security began accepting applications last week.

“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Barker, who former president Donald Trump appointed, wrote in his order.

A DHS spokesperson said the agency will defend the program, known as Keeping Families Together, in court.

“Keeping Families Together enables U.S. citizens and their family members to live without fear of separation, consistent with fundamental American values,” a DHS spokesperson said. “The Department of Homeland Security will comply with the court’s decision, including continuing to accept applications, while we defend Keeping Families Together in court.”

DHS is still allowed to collect applications for the program, but not allowed to approve them, according to the order from Barker. Applications that have already been processed and a parole in place granted, are not impacted by the current stay.

The states, which filed the suit last week, are Alabama, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas and Wyoming.

They are being represented by American First Legal, an organization established by former Trump adviser Stephen Miller — the architect of Trump’s hard-line immigration policies.

Those states argue that the Biden administration overreached its authority in creating the program and they argue the program would financially harm them if that group of undocumented people — roughly 500,000 — are allowed to remain in the country.

In his order, Barker set a court timeline that could deliver a decision by mid-October, right before the presidential election. Both sides have until Oct. 10 to submit their briefs.

“The court does not, however, express any ultimate conclusions about the success or likely success of those claims,” Barker wrote. “As with most administrative stays, the court has simply undertaken a screening, ‘first-blush’ review of the claims and what is at stake in the dispute.”

President Joe Biden in June unveiled the program, which is a one-time action that applies to long-term undocumented people married to U.S. citizens for 10 years as of June 17 this year. It also applies to their children. It’s expected to roughly include 50,000 children who are undocumented but have an immigrant parent married to a U.S. citizen.

The program allows for those undocumented spouses and their children to apply for a green card under certain requirements, which DHS will review on a case-by-case basis.

Under current U.S. immigration law, if a noncitizen enters the country without authorization, they are ineligible for permanent legal status and would need to leave the U.S. and then reenter through a green card application by their U.S. spouse. It’s a lengthy process that can take years.

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