McALLEN, Texas (AP) — A federal judge in Texas on Monday stayed a Biden administration measure that would give legal status to spouses of U.S. citizens without requiring them to first leave the country, dealing at least a temporary setback to one of the president’s biggest moves to ease the path to citizenship in years.
The administrative stay, ordered by U.S. District Judge J. Campbell Barker, came just days after 16 states led by Republican attorneys general challenged the program, which could benefit an estimated 500,000 immigrants in the country and about 50,000 of their children. The states accused the administration of bypassing Congress for “obvious political purposes.”
One of the states leading the lawsuit is Texas, which claims that the state has to spend tens of millions of dollars annually on health care and law enforcement because of immigrants living in the state without legal status.
President Joe Biden announced the program in June. The court order, which is valid for two weeks but could be extended, comes a week after the Department of Homeland Security began accepting applications.
“The claims are substantial and require a more detailed review than the court has been able to provide to date,” Barker wrote.
Barker was appointed to the Tyler, Texas, judgeship by former President Donald Trump in 2019. The court is part of the 5th U.S. Circuit Court of Appeals, a popular venue for conservative advocates.
The judge set a timetable that could lead to a decision shortly before the November 5 presidential election or before the president-elect takes office in January. Barker gave both sides until October 10 to file briefs in the case.
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.
“Today’s court decision to block the federal government from providing relief is devastating for the thousands of Texas families who could have benefited from this program,” Jessica Cisneros, an attorney with the Texas Immigration Law Council, said Monday.
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 program was particularly controversial in an election year when immigration is one of the biggest issues, with many Republicans attacking the policy, claiming it was essentially a form of amnesty for lawbreakers.
Texas Republican Attorney General Ken Paxton welcomed the order.
“This is just the first step. We will continue to fight for Texas, our country and the rule of law,” Paxton posted on the social media platform X.
To be eligible for the program, immigrants must have lived in the United States for at least 10 years continuously, must not pose a security threat or have a disqualifying criminal history, and must have been married to an American citizen by June 17, the day before the program was announced.
They must pay a $580 fee to apply and fill out a lengthy application that includes, among other things, a justification for why they are eligible for humanitarian parole and a long list of documents proving how long they have been in the country.
If approved, applicants have three years to apply for a permanent residence permitDuring this time they can obtain a work permit.
Before this program, people who were in the United States illegally had a difficult time obtaining a green card after marrying an American citizen. They might have to return to their home country – often for years – and they always had to live with the risk of being denied entry.
