McALLEN, Texas – A federal judge in Texas on Monday ordered a temporary suspension of the Biden administration’s new protections that would provide a path to citizenship for immigrant spouses of U.S. citizens.
The administrative stay, ordered by U.S. District Judge J. Campbell Barker, came after 16 states led by Republican attorneys general filed suit against the program on Friday, claiming the policy encourages illegal immigration.
President Joe Biden announced the program in June, and the pause came a week after DHS began accepting applications.
The order puts the program on hold for at least two weeks while the challenge continues.
“The claims are substantial and require a more detailed review than the court has been able to provide to date,” Campbell wrote.
The rule offers spouses of undocumented U.S. citizens who meet certain criteria the opportunity to obtain American citizenship by applying for a green card and remaining in the U.S. during the process. Traditionally, the process can involve years of waiting outside the U.S., resulting in what supporters equate to “family separation.”
The Department of Homeland Security did not immediately respond to an email seeking comment on the order.
Several families have been notified of the receipt of their applications, according to attorneys for the eligible families who filed a motion to intervene earlier Monday.
“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,” said Karen Tumlin, founder and director of the Justice Action Center, during the press conference before the executive order was released.
The coalition of states accused the government of bypassing Congress for “blatant political purposes.”
