A federal judge in the Eastern District of Texas has temporarily blocked a Biden administration program that would have allowed undocumented immigrants married to U.S. citizens to apply for green cards without leaving the country. The decision, issued on Monday, suspends the program, known as Keeping Families Together, which aimed to provide legal relief through “parole in place” for those meeting specific criteria.
The Keeping Families Together Program
The Keeping Families Together program was designed to help undocumented spouses of American citizens avoid the lengthy and often painful separation from their families that can result from traditional immigration processes. Under the current system, undocumented immigrants typically need to leave the United States to apply for a green card and, ultimately, citizenship. This process can result in years of separation and sometimes even permanent exclusion from reentering the U.S.
To qualify for the program, applicants had to demonstrate continuous residence in the United States for at least ten years, among other stringent requirements. The White House estimated that approximately 500,000 individuals would be eligible for this form of relief. Federal immigration agencies had begun accepting applications on August 19, only to be met with legal challenges shortly thereafter.
The program faced swift opposition from the Republican attorneys general of Texas and 15 other states, who filed a lawsuit on Friday to stop its implementation. Texas Attorney General Ken Paxton argued that the program “directly violates the laws created by Congress,” asserting that the executive branch overstepped its authority by offering legal relief not explicitly sanctioned by immigration law.
U.S. District Judge J. Campbell Barker, who issued the temporary block, acknowledged the seriousness of the states’ claims, stating that they “are substantial and warrant closer consideration than the court has been able to afford to date.” His ruling temporarily halts the granting of parole under the program but does not prevent the government from accepting applications. As a result, while immigrants can still submit their applications, they will not be processed until the stay is lifted.
The lawsuit against the Keeping Families Together program was supported by America First Legal, an organization led by Stephen Miller, a senior adviser to former President Donald Trump and a key architect of his administration’s hardline immigration policies. In a news release, Miller celebrated the ruling as a “huge victory,” emphasizing the ongoing legal battle against the Biden administration’s immigration initiatives.
Impact on Affected Immigrants
The judge’s ruling has caused frustration and anguish among those who had hoped to benefit from the program. Many of these immigrants are now left in legal limbo, uncertain about their future in the United States. Foday Turay, an immigrant from Sierra Leone who works as a prosecutor for the Philadelphia district attorney, expressed his disappointment and heartache over the decision. Brought to the U.S. as a child, Turay is married to an American woman from New Jersey, and together they have a 1-year-old son.
“This is heartbreaking,” Turay said. “My wife and I were really depending on this so we could move on with our lives and plan our future. It feels like a knife to the heart.”
Turay is among a group of immigrants who filed a motion on Monday to intervene in the litigation, aiming to defend the program alongside the Justice Department. These individuals argue that the program is crucial for maintaining family unity and providing a fair pathway to legal status.
The temporary block on the Keeping Families Together program raises questions about the broader implications for immigration policy in the United States. The legal challenge highlights ongoing tensions between federal immigration policy initiatives and state-level opposition, often backed by conservative legal organizations. This case could set a precedent for future executive actions on immigration, particularly those aimed at providing relief to undocumented immigrants.
The Biden administration has emphasized the importance of keeping families together and providing humane and fair treatment for undocumented immigrants, especially those with deep ties to the country. However, the legal hurdles presented by states like Texas and the involvement of organizations like America First Legal suggest that any moves toward immigration reform will likely face significant opposition and legal scrutiny.
| Event | Details |
|---|---|
| Program Name | Keeping Families Together |
| Program Goal | Allow undocumented spouses of U.S. citizens to apply for green cards without leaving the U.S. |
| Legal Mechanism | Parole in place |
| Eligibility Criteria | Continuous residence in the U.S. for at least 10 years, among other requirements |
| Number of Potential Beneficiaries | Estimated 500,000 |
| Application Start Date | August 19, 2024 |
| Legal Challenge Filed | August 22, 2024 by Texas and 15 other states |
| Judge’s Temporary Block Issued | August 26, 2024 |
| Impact | Government must stop granting parole; applications can still be submitted but not processed |
The temporary block of the Keeping Families Together program has left many undocumented immigrants in a state of uncertainty, halting their path to legal status and potential citizenship. As the legal battle continues, affected individuals and families face prolonged instability, underscoring the ongoing challenges within the U.S. immigration system.
With both sides preparing for further legal arguments, the future of the program remains unclear. However, the case highlights the broader struggle over immigration policy in the United States, where efforts to provide relief and maintain family unity are met with strong political and legal resistance.
Featured image credit: Gage Skidmore via Flickr
Follow us for more breaking news on DMR