Joe Biden suffers new loss of rights on immigration

A judge in Texas has dealt a setback to President Joe Biden’s administration: he has temporarily blocked a program that would have opened a path to citizenship for certain undocumented immigrants married to U.S. citizens.

The program has sparked debate, particularly as immigration remains a contentious issue ahead of the presidential election. Critics argue it amounts to amnesty for those who entered the country illegally, while supporters claim it is a necessary measure to keep families together and address long-standing problems in the immigration system.

The ruling, announced Monday by U.S. District Judge J. Campbell Barker, presents a new legal challenge to President Biden’s efforts to reform the nation’s immigration system.

Judge Barker, who was appointed by former President Donald Trump in 2019, has set a timeline for the case that could result in a decision shortly before the presidential election in November or before the next president begins his term in January. Both parties have until Oct. 10 to file their briefs.

The program, announced by Biden in June, aimed to allow spouses of undocumented U.S. citizens to stay in the country while applying for a green card, a process that has traditionally required applicants to wait for long periods outside the U.S. Proponents of the measure argued it would prevent family separations and simplify the legal immigration process for those already living and working in the country.

However, a coalition of 16 states led by Republican attorneys general filed suit against the program last Friday, arguing that the policy encourages illegal immigration and places an undue financial burden on states dealing with illegal immigration.

Newsweek emailed a White House spokesman on Monday asking for comment.

Meanwhile, Texas Attorney General Ken Paxton, a vocal critic of Biden’s immigration policies, celebrated the court’s decision on social media, saying: “We have temporarily BLOCKED Biden’s unlawful new ‘Parole in Place’ program,” Paxton wrote on X, formerly Twitter. He added: “Biden’s unconstitutional scheme would have rewarded over a million illegal immigrants with the opportunity for citizenship after they broke our country’s laws – and motivated countless more to do so.”

The Department of Homeland Security (DHS) only began accepting applications for the program a week ago. There are strict criteria for participation in the program, such as ten years of continuous residence in the United States and a clean criminal record. The application process involves a fee of $580 and extensive documentation requirements. If approved, applicants would have a limited time to apply for permanent residency while also obtaining a work permit.

Judge Barker’s administrative stay puts the initiative on hold for at least two weeks while the court reviews the merits of the lawsuit. In his order, Barker noted that the claims against the program “are substantial and require more scrutiny than the court has been able to provide to date.”

Newsweek DHS asked for comment via email on Monday.

The lawsuit filed by the states alleges that the presence of illegal immigrants has imposed significant costs on state governments. Texas, in particular, said it spends tens of millions of dollars annually on health care, law enforcement and other services related to its illegal population.

This legal challenge is the latest in a series of obstacles the Biden administration has faced in its attempts to reform U.S. immigration policy. Since taking office, Biden has sought to reverse many of the restrictive measures enacted by his predecessor, Donald Trump, but those efforts have often faced resistance from Republican-led states and conservative judges.

The court’s decision has been met with disappointment among immigration advocates and affected families, who view the program as a crucial opportunity for mixed-status families to regularize their status without facing prolonged separations.

Update 08/26/24, 10:22 PM ET: This article has been updated with additional information.