Judge in Texas orders pause on Biden program that offers legal status to spouses of US citizens

McALLEN, Texas -- A federal judge in Texas on Monday paused a Biden administration policy that would give spouses of U.S. citizens legal status without having to first leave the country, dealing at least a temporary setback to one of the biggest presidential actions to ease a path to citizenship in years.

The administrative stay issued by U.S. District Judge J. Campbell Barker comes just days after 16 states, led by Republican attorneys general, challenged the program that could benefit an estimated 500,000 immigrants in the country, plus about 50,000 of their children. The states accused the administration of bypassing Congress for “blatant political purposes.”

One of the states leading the challenge is Texas, which in the lawsuit claimed the state has had to pay tens of millions of dollars annually from health care to law enforcement because of immigrants living in the state without legal status.

President Joe Biden announced the program in June. The court order, which lasts for two weeks but could be extended, comes one week after the Department of Homeland Security began accepting applications.

"The claims are substantial and warrant closer consideration than the court has been able to afford to date," Barker wrote.

Barker was appointed by former President Donald Trump in 2019 as a judge in Tyler, Texas, which lies in the 5th U.S. Circuit Court of Appeals, a favored venue for advocates pushing conservative arguments.

The judge laid out a timetable that could produce a decision shortly before the presidential election Nov. 5 or before a newly elected president takes office in January. Barker gave both sides until Oct. 10 to file briefs in the case.

The policy offers spouses of U.S. citizens without legal status, who meet certain criteria, a path to citizenship by applying for a green card and staying in the U.S. while undergoing the process. Traditionally, the process could include a years-long wait outside of the U.S., causing what advocates equate to “family separation.”

The Department of Homeland Security did not immediately return an email seeking comment on the order.

“The court’s decision tonight to halt the federal government from providing relief is devastating to the thousands of Texas families that could have benefited from this program,” Jessica Cisneros, an attorney for the advocacy organization the Texas Immigration Law Council, said Monday.

Several families were notified of the receipt of their applications, according to attorneys advocating for eligible families who filed a motion to intervene earlier Monday.

“Texas should not be able to decide the fate of hundreds of thousands of U.S. citizens and their immigrant spouses without confronting their reality,” Karen Tumlin, the founder and director of Justice Action Center, said during the press conference before the order was issued.

The program has been particularly contentious in an election year where immigration is one of the biggest issues, with many Republicans attacking the policy and contending it is essentially a form of amnesty for people who broke the law.

Republican Texas Attorney General Ken Paxton cheered the order.

“This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” Paxton posted on the social media platform X.

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 or have a disqualifying criminal history, and have been married to a citizen by June 17 — the day before the program was announced.

They must pay a $580 fee to apply and fill out a lengthy application, including an explanation of why they deserve humanitarian parole and a long list of supporting documents proving how long they have been in the country.

If approved, applicants have three years to seek permanent residency. During that period, they can get work authorization.

Before this program, it was complicated for people who were in the U.S. illegally to get a green card after marrying an American citizen. They can be required to return to their home country — often for years — and they always face the risk they may not be allowed back in.