A Texas judge on Monday ordered a temporary pause on a policy that would streamline the process for spouses of US citizens to obtain legal status in the country.
This is coming as a blow to one of US President Joe Biden’s biggest immigration reform policies.
Judge J. Campbell Barker granted a 14-day administrative stay in a case brought by the Republican attorneys general of 16 US states challenging the Biden administration’s policy.
In June, Biden announced the new policy, which streamlined a pathway to citizenship for an estimated half a million immigrants married to US nationals.
The 16 states bringing the lawsuit, however, say the policy is costing them millions of dollars in public services — including healthcare, education and law enforcement — used by the immigrants.
The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Judge Barker wrote in his order.
“This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” said Texas Attorney General Ken Paxton, whose state is party to the case, in a post on social media platform X after the order.
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The Biden administration has been struggling to address immigration, a hugely divisive issue for many Americans ahead of November’s presidential election, which will see Vice President Kamala Harris take on Republican Donald Trump.
The Democratic Party is walking a fine line of seeking to be tougher on illegal migrants while also introducing reforms to the country’s inefficient immigration system.
Trump’s campaign for the White House has centred on portraying the United States as under assault by what he calls a migrant “invasion.”
The new rules would streamline the process for those who already qualify for permanent residence by removing a requirement that they leave the country as part of the application process.
The rules applied to those in the country for at least 10 years and married to a US citizen before June 17, 2024, and also applied to an estimated 50,000 stepchildren of US citizens.
Those approved would be granted work authorization and the right to stay in the United States for up to three years while they apply for a green card, which is a pathway to full citizenship.
Monday’s ruling suspends the granting of this “parole in place” status, but does not halt the government from continuing to accept applications for the status.
In a statement, US Citizenship and Immigration Services confirmed it would continue to take applications but would not grant any until the stay was lifted.
“The District Court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued,” USCIS said.
Immigrant rights group Justice Action Center said the order was an “extreme measure.”
“To halt a process for which Texas has not been able to provide an iota of evidence that it would harm the state is baffling,” said group founder Karen Tumlin.
“This is heartbreaking for our clients and the thousands of couples who hope to benefit from this process and be able to live without fear that their family will be separated.”
The Justice Action Center earlier Monday filed a motion seeking to intervene in the lawsuit to defend the programme.
Barker wrote that the court did not “express any ultimate conclusions about the success or likely success” of the plaintiffs’ case while the stay is in place.
The court announced an expedited hearing schedule in the case, but Barker noted that the two-week stay would likely be extended while proceedings are underway.
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