A federal judge in Texas has temporarily halted the Biden administration’s new program that would allow immigrant spouses of U.S. citizens a path to citizenship. The pause was ordered after 16 states, led by Republican attorneys general, challenged the program in a lawsuit, claiming it would encourage illegal immigration. The policy, announced by President Joe Biden in June, allows spouses of U.S. citizens without legal status to apply for a green card and stay in the U.S. during the process, thus avoiding years-long waits outside the country.
The administrative stay issued by U.S. District Judge Campbell Barker puts the program on hold for at least two weeks while the legal challenge continues. The judge cited the need for closer consideration of the substantial claims made by the states in their lawsuit. Advocates for eligible families who filed a motion to intervene expressed disappointment in the temporary halt, emphasizing that Texas should not have the power to determine the fate of hundreds of thousands of U.S. citizens and their immigrant spouses without considering their reality.
The Department of Homeland Security has not yet responded to the order, which came a week after the agency began accepting applications for the program. The pause on the program has sparked outrage among advocates who argue that the traditional process of obtaining a green card could lead to family separation and long wait times for spouses of U.S. citizens without legal status. The policy aims to address these issues by providing a more streamlined path to citizenship for eligible immigrants.
The coalition of states challenging the program accused the administration of bypassing Congress for “blatant political purposes.” The lawsuit claims that the policy would incentivize illegal immigration and violate federal immigration laws. The Biden administration has not commented on the temporary halt, but the order will prevent any further processing of applications until the legal challenges are resolved. It remains to be seen how the administration will respond to the court’s decision and whether the program will ultimately be allowed to move forward after the temporary pause.
