An immigration program implemented just months ago that allowed undocumented immigrants married to American citizens to get legal status and a streamlined path to U.S. citizenship has been blocked by a federal judge after it was challenged by Texas Attorney General Ken Paxton and others.
“The court declares that defendants lack statutory authority… to grant parole ‘in place’ to aliens,” said the Thursday ruling.
With the implementation of the “Keeping Families Together” program on Aug. 19, the Department of Homeland Security explained that it was “a key step toward fulfilling President [Joe] Biden’s commitment to promoting family unity in the immigration system.” CBS News reported the ruling is "a major defeat for the outgoing Biden administration, which argued the policy, known as Keeping Families Together, promoted family unity among mixed-status households."
However, the program was blocked by an administrative stay related to Paxton’s lawsuit by Aug. 26. Before that, officials said roughly a half-million undocumented immigrants were likely eligible.
“Parole is an exercise of DHS’s discretionary authority under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen ‘applicants for admission’ to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or significant public benefit,” said the department.
Under parole, the noncitizens were able to apply to become a lawful permanent resident without being required to leave the U.S. and be processed by an overseas embassy. On average, these spouses have resided in the U.S. for 23 years. Approximately 50,000 noncitizen stepchildren of U.S.
citizens were also estimated to be eligible.
To be eligible, noncitizen spouses are expected to be continuously physically present in the United States since at least June 17, 2014, through the date of their filing request; have a legally valid marriage to a U.S. citizen on or before that date and have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security. They were also required to submit biometrics and undergo required background checks and national security and public safety vetting.
“USCIS is committed to program integrity and protection against fraud,” said the Department of Homeland Security. “Using existing training and practices to identify fraudulent evidence, USCIS will be reviewing submitted evidence supporting the existence of a legally valid marriage.”
Paxton, a Republican, led a 16-state coalition against the “Keeping Families Together” program along with co-counsel America First Legal that included the filing of Texas v. Department of Homeland Security. In a press release, the Texas attorney general claimed that the program “would have provided a path to citizenship for over a million illegal aliens who have not satisfied the clear requirements set by Congress.”
According to CBS News, District Court Judge J. Campbell Barker’s decision in favor of Paxton’s team was a major blow to the outgoing Biden administration. In a statement regarding the re-election of former President Donald Trump of the GOP this week, American Families United (AFU) President Ashley DeAzevedo specifically mentioned the “Keeping Families Together” program.
“The people that the Trump campaign targeted during the election are our loved ones, friends, neighbors, and colleagues – and we remain deeply concerned that Donald Trump will fulfill his promise of mass deportations, unnecessarily separating spouses of U.S. citizens,” she said.
Border security and cracking down on illegal immigration were some of the main issues Trump focused on during his election campaign. During the final weeks of the campaign, he even referred to the U.S. as a “garbage can” for migrants.
CBS explained that Campbell Barker’s ruling is preliminary and temporary. While the U.S. Department of Justice could appeal it, the outlet noted that Trump’s incoming administration is not expected to be supportive of the program.
“Representatives for the White House and Department of Homeland Security did not immediately respond to requests for comment,” said CBS.
Lawfully admitted permanent residents of the U.S. married to U.S. citizens are still be able to apply for naturalization if they meet the qualifications for eligibility.