A federal judge in Texas has issued a temporary block on Joe Biden Spouses Program policy that would have provided legal status to immigrant spouses of U.S. citizens, as well as their children, without requiring them to leave the country. The program, known as “Keeping Families Together,” was designed to allow undocumented immigrants married to U.S. citizens to apply for permanent residency without the need to first exit the U.S., a process that often leads to lengthy family separations.
The Policy and Its Potential Impact
The Biden administration announced the policy in June 2024, presenting it as a significant step toward promoting family unity and providing stability to mixed-status families in the U.S. The program was expected to benefit approximately 500,000 undocumented adults and 50,000 children. Under the program’s guidelines, undocumented spouses and their children who have lived in the U.S. for at least ten years by June 17, 2024, and who were legally married to a U.S. citizen by that date, could apply for permanent residency. The program also provided work authorization for three years while applicants pursued legal status, offering a pathway to U.S. citizenship.
However, the policy faced immediate opposition from a coalition of 16 Republican-led states, led by Texas. The states filed a lawsuit arguing that the program incentivizes illegal immigration and oversteps the Biden administration’s executive authority. They claimed that the program not only misuses the immigration parole authority but also poses significant harm to the states by potentially increasing the population of undocumented immigrants relying on state resources.
The Legal Challenge
On Monday, U.S. District Judge J. Campbell Barker, who was appointed by former President Donald Trump, issued an administrative order temporarily halting the program. His order, initially valid for 14 days but potentially extendable, prevents the Department of Homeland Security (DHS) from approving any applications under the program. Despite the block, DHS will continue accepting applications while the legal battle unfolds.
Judge Barker justified his decision by stating that the claims brought forward by the Republican-led states are substantial and require more in-depth consideration than what has been possible so far. He emphasized that this ruling is based on a preliminary review and does not represent a final judgment on the merits of the case. Nonetheless, his decision has thrown the future of the Keeping Families Together program into uncertainty.
Reactions and Consequences
The ruling has sparked strong reactions from both supporters and opponents of the program. Texas Attorney General Ken Paxton, who spearheaded the lawsuit, celebrated the decision as a victory for the rule of law, stating that the program would have unlawfully rewarded over a million undocumented immigrants with a pathway to citizenship. He argued that the Biden administration’s policy was an unconstitutional attempt to rewrite U.S. immigration laws through executive action.
On the other hand, immigration advocates have decried the ruling as a harsh and unjust measure that undermines family unity. Karen Tumlin, founder of the immigrants’ rights nonprofit Justice Action Center, expressed sorrow for the families affected by the block. She criticized the decision as an “extreme measure” taken without sufficient evidence of harm to the states, calling it “heart-breaking” for the thousands of couples hoping to secure legal status and avoid family separation.
The Biden administration has vowed to continue fighting for the program. President Biden, in a statement, criticized the ruling by what he described as “a single district court in Texas,” asserting that the program is in line with American values of keeping families together. He emphasized that these families should not be needlessly separated and pledged that his administration would not stop defending the policy in court.
The Broader Context
The battle over the Keeping Families Together program is part of a broader political and legal struggle over immigration in the United States. Immigration has become a focal point in the run-up to the 2024 presidential election, with the Biden administration facing intense scrutiny from both immigration advocates and opponents. Since taking office, President Biden has faced challenges in managing record numbers of migrant encounters at the U.S.-Mexico border, with critics accusing him of being too lenient and supporters arguing that his policies are necessary for a humane and just immigration system.
The Keeping Families Together program is also seen as a contrast to the more punitive approaches of the previous administration, such as the “zero tolerance” policy that led to the separation of thousands of migrant children from their parents. The Biden administration has sought to reverse many of these policies and implement more family-friendly immigration reforms, but these efforts have frequently been met with legal challenges from Republican-led states and conservative advocacy groups.
The future of the Keeping Families Together program now hinges on the outcome of the ongoing legal battle. Additional hearings are expected in the coming weeks, where both sides will present more detailed arguments. As the case progresses, it will likely serve as a critical test of the Biden administration’s ability to implement its immigration agenda in the face of significant opposition.
In the meantime, the temporary block has left thousands of families in legal limbo, uncertain about their future and the possibility of being separated. For these families, the stakes are incredibly high, and the outcome of this case will determine whether they can continue to live together in the United States without fear of deportation.
