On Monday, a Texas judge issued a temporary halt on a policy designed to simplify the process for spouses of U.S. citizens to gain legal status, dealing a setback to one of President Joe Biden’s major immigration reforms.
Judge J. Campbell Barker granted a 14-day administrative stay in response to a lawsuit filed by the Republican attorneys general of 16 states challenging the Biden administration’s new policy.
Announced in June, the policy aimed to streamline the path to citizenship for approximately 500,000 immigrants married to U.S. citizens by eliminating the requirement for them to leave the country while applying for legal status.
The suing states argue that the policy imposes significant financial burdens on public services, including healthcare, education, and law enforcement. Judge Barker noted in his ruling, “The claims are substantial and warrant closer consideration than the court has been able to afford to date.”
Following the ruling, Texas Attorney General Ken Paxton stated on social media platform X, “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law.”
The Biden administration faces ongoing challenges with immigration, a contentious issue as the November presidential election approaches, where Vice President Kamala Harris will face Republican candidate Donald Trump. The Democratic Party is balancing the need for stricter enforcement against the backdrop of broader immigration reforms.
Trump’s campaign has framed the immigration debate as a crisis, labeling it a migrant “invasion.”
The suspended policy was intended to benefit those already eligible for permanent residence by removing the requirement to leave the U.S. during the application process. It applied to individuals who have been in the country for at least 10 years and were married to a U.S. citizen before June 17, 2024, including approximately 50,000 stepchildren of U.S. citizens. Approved applicants would have received work authorization and could stay in the U.S. for up to three years while applying for a green card.
Monday’s ruling halts the issuance of this “parole in place” status but does not stop the government from accepting applications. U.S. Citizenship and Immigration Services (USCIS) confirmed it will continue to process applications but will 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 order was issued,” USCIS stated.
The Justice Action Center criticized the ruling as an “extreme measure,” with founder Karen Tumlin saying, “To halt a process for which Texas has not provided any evidence of harm is baffling.” She added, “This is heartbreaking for our clients and the thousands of couples who hoped to benefit from this process and live without fear of family separation.”
Earlier on Monday, the Justice Action Center filed a motion to intervene in the lawsuit to support the program. Judge Barker indicated that while the court has not reached any final conclusions about the plaintiffs’ case, the two-week stay may be extended as proceedings continue. An expedited hearing schedule has been set for the case.
