A federal judge has temporarily blocked President Joe Biden's effort to provide legal status to certain immigrant spouses of U.S. citizens following a lawsuit by 16 Republican-led states.
U.S. District Judge J. Campbell Barker issued a temporary hold on the "parole in place" program, which was introduced in June to offer humanitarian parole and a pathway to permanent residency for some undocumented spouses without requiring them to leave the country.
The program was projected to benefit around 500,000 immigrants and approximately 50,000 of their children. However, the lawsuit led by Texas, along with America First Legal (AFL) and 15 other states, argued that the program violates federal law, which requires undocumented immigrants to leave the U.S. and be readmitted before gaining legal status.
The plaintiffs claimed that President Biden's action exceeded his executive authority and amounted to an attempt to bypass Congress for "political purposes."
Judge Barker responded by issuing a 14-day administrative stay on processing applications for the program, with the possibility of an extension. He noted that the claims brought forth were "substantial" and merited further examination, stating, "As with most administrative stays, the court has simply undertaken a screening, 'first-blush' review of the claims and what is at stake in the dispute."
Texas Attorney General Ken Paxton, a Republican, welcomed the order, arguing that the program would have unfairly rewarded those who broke U.S. laws and encouraged further illegal immigration. "This is just the first step," Paxton said. "We are going to keep fighting for Texas, our country, and the rule of law."
Stephen Miller, president of AFL, hailed the decision as a "huge victory," stating, "This executive decree is now frozen. America First Legal is deeply honored to partner with Attorney General Paxton, Idaho Attorney General Raul Labrador, along with 14 other states to fight this unconstitutional mass amnesty."
The lawsuit claims that Texas would incur tens of millions of dollars annually in healthcare and law enforcement costs due to undocumented immigrants residing in the state.
The Department of Homeland Security (DHS) had just begun accepting applications for the program a week before the court's ruling. The DHS did not immediately comment on the decision.
Judge Barker, appointed by former President Donald Trump, is a judge in Tyler, Texas, under the jurisdiction of the 5th U.S. Circuit Court of Appeals, a popular venue for conservative legal challenges. He set a timetable for the case that could lead to a decision before the 2024 presidential election in November or before a new president takes office in January.
Advocacy groups and attorneys representing affected families have expressed their disappointment, noting the adverse impact on thousands of families. Jessica Cisneros, an attorney with the Texas Immigration Law Council, called the decision "devastating," emphasizing the importance of keeping families together.
Karen Tumlin, founder of the Justice Action Center, argued, "Texas should not be able to decide the fate of hundreds of thousands of U.S. citizens and their immigrant spouses without confronting their reality."
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