Judge Orders Temporary Halt To Program That Would Grant Legal Status To Spouses Of U.S. Citizens

Tuesday, August 27, 2024, 11:30 A.M. ET. 3 Minute Read, By Jennifer Hodges: Englebrook Independent News,

MCALLEN, TX. On Monday, a Federal Judge in Texas ordered a temporary halt on the Biden Administration’s new protections, which would allow immigrant spouses of U.S. citizens a path to citizenship, basically granting them amnesty.

     The administrative stay, ordered by U.S. District Court Judge J. Campbell Barker, comes after 16 state attorney generals challenged the program on Friday in a court filing that claimed the policy would encourage illegal immigration, which has exploded to historic numbers since Biden assumed office in January 2021.

       President Biden had announced the program in early June before dropping his bid to seek reelection in the 2024 general election. Monday’s pause comes one week after the Department of Homeland Security began accepting applications. 

     One of the states that spearheaded the challenge is Texas, which, in the lawsuit, claimed that the state has had to pay tens of millions of dollars each year to provide healthcare, schooling, and additional expenses in law enforcement due to immigrants living in the state without legal status.

     Yesterday’s order suspends the program for at least two weeks while the court challenge unfolds. 

Judge Wrote

     In his order, Judge Barker wrote, “The claims are substantial and warrant closer consideration than the court has been able to afford to date.”

     Biden’s policy offers spouses of U.S. citizens without legal status who meet certain thresholds a path to citizenship by allowing them to apply for a green card and stay in the United States while undergoing the immigration process. Usually, the process could include a years-long wait outside the U.S. What many immigration advocates have said are undue hardships and what amounts to “family separation.”

     The sixteen states have accused the administration of bypassing Congress for a “blatant political purpose.” 

Republicans Accuse Biden

     The program has come under increasing fire in an election year where immigration has been one of the most significant issues. Many Republicans have attacked the policy, saying it’s essentially amnesty for people who broke the law.

     To be eligible for the program, immigrant spouses of U.S. citizens must have lived continuously in the U.S. for ten years, pose no national security threat, have a disqualifying criminal history, and have been married to a citizen by June 17, 2024, the day before Biden announced the program. 

     The spouse must pay a $580 fee to apply and fill out a lengthy application, including why they believe they should be granted humanitarian parole and a list of documents on how long they have resided in the U.S.

     If approved, applicants will have three years to seek permanent residency and will be granted work authorization during that time. Biden estimated that 500,000 people, including around 50,000 children, could be eligible.

     No matter how the challenges unfold in court, Monday’s stay comes as all of Biden’s student loan bailouts were halted in courts. This was just another unrealistic expectation Biden was using to try to garner votes in his failed 2024 Presidential campaign.