A Texas judge has issued a temporary halt on a key immigration policy from the Biden administration that aimed to simplify the process for spouses of U.S. citizens to obtain legal status.
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 policy.
Announced in June, the policy sought to streamline the path to citizenship for an estimated half a million immigrants married to U.S. nationals. However, the 16 states argue that the policy imposes significant costs on public services such as healthcare, education, and law enforcement.
“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Judge Barker wrote in his order.
Following the ruling, Texas Attorney General Ken Paxton expressed determination to continue fighting, stating, “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 ahead of the November presidential election, where Vice President Kamala Harris will contend with Republican Donald Trump.
The Democratic Party is attempting to balance stricter measures on illegal immigration with reforms to the current system.
Trump’s campaign has focused on portraying the U.S. as being under threat from what he describes as a migrant “invasion.”
The new policy would have streamlined the process by eliminating the requirement for individuals to leave the U.S. while applying for permanent residence.
It applied to those who had been in the country for at least 10 years and were married to a U.S. citizen before June 17, 2024, as well as an estimated 50,000 stepchildren of U.S. citizens.
Approved applicants would have received work authorization and a three-year stay while applying for a green card.
The ruling suspends the granting of “parole in place” status but allows the government to continue accepting applications. U.S. Citizenship and Immigration Services (USCIS) confirmed that it would accept applications but would not process 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 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.
This is heartbreaking for our clients and the thousands of couples hoping to benefit from this process.”
The Justice Action Center has filed a motion to intervene in the lawsuit to defend the policy.
Judge Barker has indicated that the court will not make any final conclusions about the case’s merits during the stay, with an expedited hearing scheduled and the possibility of extending the stay while proceedings continue.
