Judge Rules Against Biden's Immigration Program, Halting Path to Residency for Undocumented Spouses
In a significant legal development, U.S. District Judge J. Campbell Barker ruled on November 7, 2024, that the Biden administration's "Keeping Families Together" program is unlawful, effectively halting an initiative designed to provide a streamlined path to legal residency for undocumented immigrants married to U.S. citizens.
The "Keeping Families Together" program, announced in June 2024, aimed to allow approximately 500,000 undocumented spouses and 50,000 stepchildren of U.S. citizens to apply for green cards without leaving the country. Traditionally, such individuals faced lengthy and uncertain processes, often requiring them to exit the U.S. and risk potential re-entry bans. The program sought to prevent prolonged family separations by enabling these family members to adjust their status domestically.
On August 23, 2024, Texas, along with 15 other Republican-led states, filed a lawsuit challenging the program's legality. The coalition argued that the Biden administration exceeded its executive authority by implementing the policy without congressional approval. They contended that the program incentivized illegal immigration and imposed undue burdens on state resources. Texas Attorney General Ken Paxton stated that the program would worsen "the illegal immigration disaster that is hurting Texas and our country."
In response to the lawsuit, Judge Barker issued a temporary stay on August 26, 2024, halting the program's implementation for 14 days to allow for further legal review. Subsequently, on November 7, 2024, Judge Barker ruled against the Biden administration, declaring the "Keeping Families Together" program illegal. He determined that the administration had overstepped its executive authority in establishing the policy without legislative approval.
The ruling has significant implications for mixed-status families and the broader immigration policy landscape. Many families who had hoped to benefit from the program now face uncertainty and potential separation. Immigrant rights groups expressed disappointment, emphasizing the humanitarian impact of the decision. Murad Awawdeh, President and CEO of the New York Immigration Coalition, stated, "Judge Barker issued a huge blow to hundreds of thousands of American families... This ruling has jeopardized that hope, making families once again vulnerable to the harsh realities of an immigration system that prioritizes punishment over justice and family unity."
Conversely, officials from the suing states viewed the ruling as a victory for the rule of law. Missouri Attorney General Andrew Bailey celebrated the judgment, stating it upheld the constitutional balance of powers.
President Biden criticized the ruling, emphasizing the importance of keeping families together and expressing the administration's commitment to fighting for affected families.
The decision underscores the ongoing debate over the limits of executive authority in shaping immigration policy without congressional approval. It also highlights the challenges faced by mixed-status families navigating the complexities of the U.S. immigration system. As the legal battle continues, the future of such initiatives remains uncertain, leaving many families in a state of limbo.
Sources
- Texas, other states sue over program to give immigrant spouses legal status | AP News
- Judge puts Biden immigration program on hold after lawsuit from 16 states
- Judge strikes down Biden administration program shielding immigrant spouses from deportation
- Federal judge strikes down Biden program for undocumented immigrants
- Statement from President Joe Biden on the District Court’s Order on the Biden-Harris Administration’s Action to Keep Families Together | The White House