A Texas judge on Monday ordered a temporary pause on a policy that would speed up the process for spouses of U.S. citizens to obtain legal status in the country, a blow to one of U.S. President Joe Biden's biggest immigration reform policies.
Judge J. Campbell Barker granted a 14-day administrative stay in a case brought by Republican attorneys general from 16 U.S. states challenging the Biden administration's policy.
In June, Biden announced the new policy, which expedited the path to citizenship for about half a million immigrants married to U.S. citizens.
But the 16 states that filed the lawsuit say the policy is costing them millions of dollars in public services — including health care, education and law enforcement — used by immigrants.
“The claims are substantial and warrant more careful scrutiny than the court has been able to afford to date,” Judge Barker wrote in his order.
“This is just the first step. We will continue to fight for Texas, our country and the rule of law,” Texas Attorney General Ken Paxton, whose state is a party to the case, said in a post on X after the order.
The Biden administration has been struggling to address immigration, a hugely divisive issue for many Americans ahead of the November presidential election, in which Vice President Kamala Harris will face Republican Donald Trump.
The Democratic Party is walking a fine line in trying to get tougher on illegal immigrants while also introducing reforms to the country's broken immigration system.
Trump's campaign for the White House has focused on portraying the United States as a country under attack by what he calls a migrant “invasion.”
The new rules would streamline the process for those who already qualify for permanent residency by eliminating the requirement that they leave the country as part of the application process.
The rules applied to those who had been in the country for at least 10 years and were married to a U.S. citizen before June 17, 2024, and also applied to about 50,000 stepchildren of U.S. citizens.
Those approved would be granted work authorization and the right to remain in the United States for up to three years while they apply for a green card, which is a path to full citizenship.
Monday's ruling suspends the granting of this “parole in place” status, but does not prevent the Department of Homeland Security from continuing to accept applications for such status.
Barker wrote that the court did not “express any definitive conclusions about the success or likely success” of the plaintiffs' case while the stay is in effect.
The court announced an expedited hearing schedule in the case, but Barker noted that the two-week stay would likely be extended while proceedings are ongoing.
“Therefore, the court expects that there is good cause to extend this administrative suspension for additional periods through mid-October,” the order reads.
