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Jimmy Williams
A federal judge in the Eastern District of Texas on Monday temporarily blocked a Biden administration program that allowed undocumented immigrants married to U.S. citizens to apply for green cards without leaving the U.S.
The program, titled Keeping Families Together, provided a form of legal relief known as “parole in place” to undocumented spouses of U.S. citizens who had lived in the country continuously for at least ten years and met other strict requirements. This initiative was seen as a way to prevent families from being separated, which often happens when undocumented immigrants are required to leave the U.S. to apply for green cards, potentially facing yearslong or permanent separation.
The White House estimated that 500,000 people were eligible under the program, which began accepting applications on August 19. However, just days after the program launched, the Republican attorneys general of Texas and 15 other states filed a lawsuit against it, arguing that it violated laws established by Congress. Texas Attorney General Ken Paxton led the charge, asserting that the program was unlawful.
In response to the lawsuit, U.S. District Judge J. Campbell Barker issued a temporary block on the program, stating that the states’ legal claims “are substantial and warrant closer consideration than the court has been able to afford to date.” His ruling prevents the government from granting parole under the program but does not stop the government from receiving applications. Applicants’ cases will not be processed while the stay is in place.
The lawsuit was backed by America First Legal, a group founded by Stephen Miller, the former senior adviser to President Donald Trump known for his hardline immigration policies. Miller praised the ruling as a “huge victory” in a news release on Monday.
The decision has left many immigrants devastated. Foday Turay, an immigrant from Sierra Leone who was brought to the U.S. as a child and is now a prosecutor in Philadelphia, said the ruling is a major setback. Turay, who is married to a U.S. citizen and has a young son, had hoped to benefit from the program to secure his family’s future.
“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.”
Immigrants like Turay, alongside the Justice Department, are now fighting back, filing a motion to intervene in the litigation and defend the program. While the court case continues, many families are left in legal limbo, uncertain about their future in the U.S.
