Federal Judge Temporarily Halts Biden's New Citizenship Pathway for Immigrant Spouses, Leaving Thousands in Limbo
The Biden administration's newly introduced "Keeping Families Together" program, which promised a streamlined pathway to U.S. citizenship for immigrant spouses of American citizens, has been temporarily suspended by a federal judge in Texas. The program, which began accepting applications just last week, could potentially benefit around 500,000 immigrants currently residing in the United States.
U.S. District Court Judge J. Campbell Barker granted the injunction on Monday following a request from 16 Republican-led states challenging the program. The states argue that the Biden administration overstepped its authority by creating the program without proper legislative approval. The judge’s order prevents the Department of Homeland Security (DHS) from approving any new cases under the program, though the agency is still permitted to accept applications.
The order is set to last for 14 days but could be extended if Judge Barker decides further action is warranted. The "Keeping Families Together" program, which only began accepting applications last week, was designed to provide deportation protection, work permits, and a potential path to permanent residency and citizenship for undocumented family members of U.S. citizens.
The court order has prompted immediate reactions from immigration advocates and attorneys, who are advising families to carefully consider their options. The Florida Immigrant Coalition has urged potential applicants to weigh their decisions, particularly given the $580 processing fee required for the application.
In response to a federal judge's recent decision to temporarily block the Biden administration's "Keeping Families Together" program, the American Immigration Lawyers Association (AILA) expressed strong disapproval. AILA President Kelli Stump condemned the ruling as part of a broader effort by certain states to obstruct the federal government’s ability to utilize its legal authority to promote family unity.
Stump emphasized that the program, which allows undocumented spouses and stepchildren of U.S. citizens to apply for legal status, is critical for families who have been stuck in legal limbo for years. She argued that these families, who have been contributing to American communities for over a decade, should not have to endure an "arduous and unworkable bureaucratic process" to obtain legal status.
“This is another example of states attempting to stop the federal government from using its well-established legal authority to promote family unity,” Stump stated. She criticized the legal arguments put forth by the states as "weak" and "baseless," suggesting that the injunction undermines core American values of family unity and fairness in the immigration system.
Stump also highlighted the involvement of Stephen Miller, a key architect of former President Donald Trump’s restrictive immigration policies, in pushing what she described as a "xenophobic, anti-family, anti-American agenda." Despite the setback, she affirmed that AILA members would continue to assist their clients in applying for the protections offered by the program while it remains in effect.
DHS officials have stated that they will comply with the judge's decision by halting case approvals but will continue to accept applications while the program's legal challenges are addressed. The agency is committed to defending the program in court, with updates and further information on the USCIS Keeping Families Together website.
