A recent court decision has dismantled a Biden administration policy designed to help undocumented immigrants married to U.S. citizens attain a pathway to citizenship.
Judge J. Campbell Barker of the U.S. District Court, who temporarily halted the program in August, has now ruled that the administration lacked the congressional authority needed to allow undocumented spouses to apply for green cards without exiting the United States.
Appointed during the Trump administration, Barker determined that the program’s structure overstepped its legal limits. Known as “Keeping Families Together,” the initiative faced legal challenges from Texas and several other states, supported by Republican officials.
Legal battle over Biden’s immigration policy impacts thousands of immigrant families
Critics argued that the program circumvented legislative approval to favor immigrant families, with some asserting it would increase financial burdens on states. In his 74-page opinion, Barker emphasized that the program’s interpretation of parole entry requirements and supposed public benefits misaligned with legal statutes.
He pointed out that the policy overemphasized the benefits of granting legal status without fully addressing the immigrants’ continued presence.
This policy was intended for undocumented spouses who had been in the U.S. for over 10 years, posed no security risk, and were protected under “parole in place.” Applicants who were married to U.S. citizens could be granted a three-year period to pursue permanent residency if approved.
The Department of Homeland Security (DHS) estimated the policy would impact around 500,000 spouses and roughly 50,000 stepchildren. DHS officials previously explained that without this program, a significant number of noncitizen spouses would continue living without lawful status, creating instability for families worried about their future.
DHS also noted that requiring undocumented spouses to leave the country would disrupt families’ financial and emotional well-being.
Following his declared victory in the 2024 election, President-elect Trump has reiterated his criticism of Biden’s immigration policies. Throughout his campaign, Trump often linked the current administration to rising migrant crime and record detentions at the southern border.
He has pledged that one of his first actions will be to launch “the largest deportation program in American history.” The Biden administration still has the option to appeal the court’s ruling.
