A federal judge rejected it on Thursday a biden administration program This would allow unauthorized immigrants who marry US citizens to obtain legal status and a streamlined path to US citizenship, thereby outlawing the policy.
US District Court Judge J. Campbell Barker agreed, finding that the program violates US immigration law. lawsuit filed by Texas and more than a dozen other Republican-led states.
The decision is a major defeat for the outgoing Biden administration, which argued that the policy, known as Keeping Families Together, promoted family unity among mixed-status families. When it was announced earlier this year, officials said about half a million undocumented immigrants would be eligible for the program.
The Justice Department may appeal Thursday's decision, but the family reunification program is likely to be in the crosshairs of Trump's incoming administration, which has vowed to end President Biden's immigration policies. Trump has separately vowed to seal and militarize the US-Mexico border and oversee the largest mass deportation in US history.
Representatives of the White House and the Department of Homeland Security did not immediately respond to requests for comment.
The initiative to keep families together was announced by Mr Biden in June, just weeks after he took a separate executive action sharply limit refuge On the US-Mexico border.
The program will provide work permits and deportation protection to undocumented immigrants who are married to U.S. citizens and have lived in the U.S. for at least 10 years without committing serious crimes.
Most importantly, this policy will also allow these immigrants to apply for permanent residence, also known as green cards. After three years, green card holders married to U.S. citizens can apply for citizenship.
Immigrants married to US citizens are already eligible for green cards on paper. However, according to US immigration law, those who entered the US illegally are required to leave the country and re-enter legally to be eligible for a green card. But leaving the US after being in the country illegally for a period of time could trigger 3 or 10 years of deportation, making many families reluctant to pursue that option.
The Biden administration program will allow eligible immigrants to apply for green cards without leaving the country by providing an immigration benefit called parole, which effectively cancels their illegal entry.
Campbell Barker said in his decision that the Biden administration does not have the legal authority to grant parole to unauthorized immigrants who are already in the US.
