In a crucial legal twist, a federal judge in Texas has decided to suspend one of the immigration policies that the Biden administration had intended. The decision came after 16 Republican states challenged the administration in court for approving green cards for undocumented immigrants married to U.S. citizens.
Biden: Summary of the Inoperable Policy
The administration initiated the ‘Keeping Families Together’ policy just last week. This policy sought to extend relief from removal and employment authorization to unlawful spouses of United States citizens. Such individuals must have been residing in the U.S. for ten years and have clear security vetting. It also includes in its ambit the undocumented stepchildren of US citizens but not those with felony convictions. Significantly, this policy aimed to provide a rapid track for eligible immigrants to gain permanent residency and U.S. citizenship.
Lawsuit by Republican States Against the Policy Although most anticipated some reaction, none seemed to have imagined that it would materialize so early and vigorously and robustly. The states asserted that the policy encourages illegal immigration and the investments of the immigration parole power. The complaint filed last Friday stated that the policy, in effect, incentivizes unlawful immigration, which is a subversion of the law. This legal challenge is just one of many similar efforts these states have made regarding practically all immigration policies that the Biden administration has pursued.
Temporary order by Judge Barker
On Monday, District Court Judge J. Campbell Barker, a Trump appointee, put an administrative order that prohibits the Department of Homeland Security (DHS) from paroling applicants under the “Keeping Families Together” policy for the time being. The order, which lasted for 14 days, paused the program’s start, which was to connect the DHS with a STAP petition, an initiative that would have been of service to around half a million migrants. The decision is bound to no longer be in force. However, the Biden administration has suffered a severe blow to its plans regarding immigration.
Impact and Future Implications
The short-term effect of Judge Barker’s order is that even though DHS can still receive applications under the program, it cannot approve them. The court issued an interim decision, leaving its future uncertain as to whether the order will be made permanent or if the Biden administration will successfully counter the legal challenges posed by Republican-governed states.
This newspaper insists that the verdict can affect other immigration legislation discussions in the US, particularly with the beginning of the race to the 2024 elections. The Biden administration has sought to justify the `Keeping Families Together’ policy by asserting that it is a family unification policy, particularly for families with members who are U.S. citizens. But all do not share this view. Some see it as subverting the immigration statutes and increasing illegal entry.
As the court proceedings regarding this immigration policy continue, the temporary injunction by the Texas judge highlights the controversy surrounding immigration reform in the US. This case also highlights the ongoing struggle over who controls immigration policy, a major concern expected to dominate the elections.
