Federal Judge Strikes Down Biden Policy on Citizenship Path for Immigrant Spouses

ICARO Media Group
Politics
08/11/2024 22h20

### Federal Judge Overturns Biden Policy on Citizenship Path for Immigrant Spouses

In a significant legal development, a federal judge has invalidated a Biden administration policy designed to provide a pathway to citizenship for undocumented immigrants married to U.S. citizens. The policy, previously halted in August by U.S. District Judge J. Campbell Barker, was ultimately struck down on Thursday following a contentious legal battle.

Judge Barker, appointed during the Trump administration, ruled that the administration overstepped its authority by implementing the policy without Congressional approval. The policy, known as "Keeping Families Together," faced legal opposition from several states, led by Texas. Critics, primarily Republicans, argued that the initiative bypassed Congress to garner political favor and would impose additional financial burdens on state resources.

The ruling, spanning 74 pages, stated that the policy misinterpreted the legal framework of the parole process, focusing on the benefits of new legal status rather than the physical presence of the immigrants. As such, Judge Barker concluded that the policy exceeded statutory authority and was not in accordance with existing law.

The policy was meant to assist undocumented spouses who have resided in the U.S. for over a decade, posed no security threat, and were protected under the "parole in place" program. It offered them the opportunity to gain permanent residency through an application process that, if approved, provided them three years to seek a green card. The Department of Homeland Security (DHS) had estimated that around 500,000 spouses and 50,000 stepchildren could benefit from the policy.

DHS officials highlighted the potential negative impact of the ruling, suggesting that without this process, many noncitizen spouses would continue to live in fear and uncertainty. They emphasized that forcing these individuals to leave the country would disrupt both the economic and emotional wellbeing of their families.

The policy had been a target of criticism from President-elect Trump, who recently won the 2024 election. Throughout his campaign, he attacked President Biden's immigration policies, linking them to crime and increased border detentions. Trump has pledged to initiate "the largest deportation program in American history" upon his return to office.

The Biden administration now faces the decision of whether to appeal the ruling, as the debate over immigration policy and authority continues to unfold.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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