The Biden administration’s efforts to grant a pathway to citizenship to some illegal immigrant spouses of U.S. citizens have been put on hold temporarily by a federal judge after a lawsuit from 16 Republican-led states.
U.S. District Judge J. Campbell Barker on Monday put a stay on the “parole in place” program, which was announced in June and allows for humanitarian parole and a path to permanent residency for certain illegal immigrant spouses of U.S. citizens without them having to leave the country.
The 16 states, led by Texas and America First Legal, argued in a filing first reported by Digital that the rule violates federal law, which prohibits illegal immigrants from obtaining immigration benefits, including permanent status, without first having left the country and being readmitted.
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They argued it does that by an unlawful use of parole, which is limited to use on a “case-by-case basis for urgent humanitarian reasons or significant public benefit.”
“Biden’s unconstitutional scheme would have rewarded over 1 million illegal aliens with the opportunity for citizenship after breaking our country’s laws—and incentivized countless more,” Texas Attorney General Ken Paxton said in a statement to Digital.
“This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law. Great to work together with America First Legal, Stephen Miller and our partner states,” he said.
“This is a huge victory in our courtroom battle to block the Biden-Harris executive fiat giving over 1 million illegal aliens a path to U.S. citizenship. That executive decree is now frozen. America First Legal is deeply honored to partner with Attorney General Paxton, [Idaho] Attorney General [Raul] Labrador, along with 14 other states to fight this unconstitutional mass amnesty,” Stephen Miller, president of AFL, said in a statement.
The administration had estimated that about 500,000 immigrants would benefit, and about 50,000 children.
The new process would have applied to noncitizen spouses who have lived in the U.S. for 10 years as of June and are judged not to pose a threat to public safety or national security, allowing them to apply for permanent residency. It argued that families live in fear and “face deep uncertainty about their future” due to the requirement that they depart and be processed abroad.
“In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion,” a fact sheet said.
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The stay will last for two weeks but can be extended. Barker is a judge appointed by former President Donald Trump.
“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” he said in the order.
The Department of Homeland Security did not immediately respond to a request for comment, but had responded to the lawsuit last week with a statement promising to defend the policy in court.
“The Department of Homeland Security is committed to Keeping Families Together. Keeping Families Together is grounded in well-established legal authority, and its purpose – enabling the families of U.S. Citizens to live without fear of separation – is consistent with fundamental American values. We will defend it in court. DHS is continuing to process already filed applications, and to accept and process new applications,” a spokesperson said.
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The White House, in a separate statement, had accused Republican officials of being “more focused on playing politics than helping American families or fixing our broken immigration system.”
“This lawsuit is seeking to force U.S. citizens and their families, people who have lived in the United States for more than ten years, to continue to live in the shadows. The lawsuit aims to separate American citizens from their spouses and stepchildren who are already eligible for lawful permanent residency and could remain together through this process,” spokesperson Angelo Fernández Hernández said. “This lawsuit goes against our nation’s values, and we will vigorously defend Keeping Families Together and our ability to make the immigration system more fair and more just. We will also continue securing our border and enforcing our laws, something Congressional Republicans have refused to do time and time again.”
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“Since President Biden announced new, decisive executive actions to secure the border, encounters between ports of entry have dropped significantly – encounters in July 2024 were the lowest since September 2020 and lower than at this point in 2019,” he added.
The Associated Press contributed to this report.
