Federal Judge Blocks Path to Citizenship for Immigrants Married to US Citizens

A ruling by US District Court Judge J. Campbell Barker in Texas has invalidated Biden administration immigration initiative designed to streamline citizenship pathways for immigrants married to American citizens.

The decision follows litigation brought by a coalition of 16 Republican-led states, spearheaded by Texas Attorney General Ken Paxton, challenging the administration's legal authority to implement such a program. The initiative, known as Keeping Families Together, had already faced a preliminary injunction from Judge Barker in August shortly after its implementation. His definitive 74-page ruling issued on Thursday concluded that the administration lacked the statutory authority to establish the program, which would likely have faced termination following Donald Trump's anticipated presidential inauguration in January.

The program represents a departure from standard immigration procedures by allowing immigrants married to US citizens who had maintained continuous residence in the country for at least a decade to pursue green card status without leaving the United States. Traditional protocols typically require individuals who entered the country without authorization to depart and complete their green card applications abroad, a process that often spans several years. The Biden initiative would have granted these individuals "parole" status, protecting them from deportation while maintaining family unity.

Upon introducing the measure, President Biden emphasized its role in preserving family cohesion and providing stability to mixed-status households. In June, he highlighted the contributions of these families to American society through their civic engagement, tax compliance, and community involvement despite living under persistent uncertainty regarding their immigration status. Opposing states argued that the program would increase their financial burdens while incentivizing unauthorized immigration. Missouri Attorney General Andrew Bailey celebrates the court's decision on social media, characterizing it as a victory for legal principles over what he terms the "illegal parole-in-place" program of the Biden-Harris administration.

Immigration advocates and legal practitioners have expressed significant concerns about the ruling's implications for an already overwhelmed immigration system. Dan Berger, an immigration attorney who had previously advocated for the policy through a memorandum to the administration, warns that the decision would further extend processing times and compound existing systemic delays. The American Business Immigration Coalition's executive director, Rebecca Shi, criticizes the lawsuit as misguided, urging Republican leadership to adopt a more inclusive approach toward families in their jurisdictions.

She references polling data indicating substantial support for providing legal status to undocumented spouses of citizens, even among Trump voters, with 41 per cent expressing favour for such measures. The Biden administration has yet to announce whether it will pursue an appeal of Judge Barker's decision, leaving the future of the program uncertain.