Federal Judge Temporarily Blocks Biden Administration Program Allowing Undocumented Immigrants Married to U.S. Citizens to Apply for Green Cards

Federal Judge Temporarily Blocks Biden Administration Program Allowing Undocumented Immigrants to Apply for Green Cards

In a recent development, a federal judge in the Eastern District of Texas has temporarily blocked a program initiated by the Biden administration that would have allowed undocumented immigrants married to U.S. citizens to apply for green cards without leaving the country.

The program, named Keeping Families Together, aimed to provide a form of legal relief known as “parole in place” to undocumented spouses of American citizens who could prove they have lived in the U.S. continuously for at least 10 years and met other requirements. This would have allowed them to apply for green cards without the risk of years-long or permanent separation from their families.

The White House estimated that around 500,000 people were eligible for the program, and federal immigration agencies began accepting applications on August 19. However, the program faced legal challenges when the Republican attorneys general of Texas and 15 other states filed a lawsuit to stop it, leading to the judge’s temporary block.

Texas Attorney General Ken Paxton argued that the program “directly violates the laws created by Congress,” prompting the judge to issue the temporary block. U.S. District Judge J. Campbell Barker stated that the states’ claims are substantial and warrant closer consideration.

While the ruling orders the government to stop granting parole under the program, it does not prevent immigrants from applying. However, their applications will not be processed until the stay is lifted.

The lawsuit was supported by America First Legal, a group founded by Stephen Miller, former senior adviser to President Donald Trump and architect of many of his administration’s immigration policies. Miller hailed the ruling as a “huge victory.”

Immigrants who were hoping to benefit from the program expressed disappointment and frustration. Foday Turay, a prosecutor in Philadelphia who was brought to the U.S. as a child from Sierra Leone, described the ruling as “heartbreaking.” Turay, who is married to an American woman and has a 1-year-old son, had filed a motion to intervene in the litigation to defend the program.

“My wife and I were really depending on this so we could move on with our lives and plan our future,” Turay said. “It feels like a knife to the heart.”