Texas Judge suspends BIDEN immigration reform policy

Tuesday, August 27, 2024 -A Texas judge on Monday, August 26, issued a temporary pause on a policy designed to expedite the process for spouses of U.S. citizens to obtain legal status. 

The policy, announced by U.S. President Joe Biden in June, aims to provide a streamlined pathway to citizenship for an estimated half a million immigrants married to U.S. nationals.

Judge J. Campbell Barker granted a 14-day administrative stay in response to a lawsuit brought by the Republican attorneys general of 16 states. The states argue that the policy imposes significant financial burdens on them, citing increased costs in public services such as healthcare, education, and law enforcement due to the immigrants benefiting from the policy.

“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Judge Barker stated in his order.

The ruling temporarily halts the implementation of the "parole in place" status, which would have allowed eligible immigrants to stay in the United States while applying for a green card, bypassing the requirement to leave the country as part of the process. The policy also covered an estimated 50,000 stepchildren of U.S. citizens.

Despite the ruling, the U.S. Citizenship and Immigration Services (USCIS) confirmed that it would continue accepting applications under the new rules 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,” USCIS clarified.

Texas Attorney General Ken Paxton, whose state is a key party to the case, celebrated the ruling on social media, promising to "keep fighting for Texas, our country, and the rule of law."

The Biden administration's efforts to balance tougher stances on illegal immigration with reforms to the U.S. immigration system have been met with strong opposition, particularly as the nation gears up for the November presidential election. Former President Donald Trump, who is expected to challenge Vice President Kamala Harris, has centered his campaign on portraying the U.S. as under siege by a so-called migrant "invasion."

Immigrant rights advocates criticized the court's decision, with Karen Tumlin, founder of the Justice Action Center, describing the ruling as an "extreme measure" that unfairly impacts thousands of families. The Justice Action Center has since filed a motion to intervene in the lawsuit to defend the program.

While the court has not made any final decisions on the merits of the case, Judge Barker acknowledged that the two-week stay could be extended as the legal proceedings continue, adding uncertainty to the future of Biden's immigration reform efforts.