Temporary Pause on Biden Administration’s Immigration Program
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A federal judge in Texas has ordered a temporary pause on the Biden administration’s new protections that would allow immigrant spouses of U.S. citizens a path to citizenship. The administrative stay issued by U.S. District Judge J. Campbell Barker comes after 16 states, led by Republican attorneys general, challenged the program in a lawsuit claiming it would encourage illegal immigration.
Among the states leading the challenge is Texas, which argued that the state has incurred significant costs annually from healthcare to law enforcement due to immigrants living in the state without legal status.
President Joe Biden announced the program in June, and the pause comes just one week after the Department of Homeland Security began accepting applications. The program will be on hold for at least two weeks while the challenge continues.
The policy offers spouses of U.S. citizens without legal status a path to citizenship by applying for a green card and staying in the U.S. during the process, eliminating the years-long wait outside of the U.S. that often leads to family separation.
The Department of Homeland Security is yet to comment on the order, but several families have already been notified of the receipt of their applications.
The coalition of states opposing the program accused the administration of bypassing Congress for political purposes, sparking controversy in an election year where immigration is a major issue.
To be eligible for the program, immigrants must have lived continuously in the U.S. for at least 10 years, not pose a security threat, have no disqualifying criminal history, and have been married to a citizen by June 17.
If approved, applicants have three years to seek permanent residency and may obtain work authorization during that period. Around 500,000 people could be eligible for the program, along with about 50,000 of their children.
Prior to this program, the process for undocumented immigrants to obtain a green card after marrying a U.S. citizen was complex, often requiring them to leave the country and face uncertainty about re-entry.
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