A federal judge in Texas on Monday suspended President Biden's plan to fast-track permanent residency for undocumented immigrants who marry U.S. citizens.
U.S. District Judge J. Campbell Barker ordered the two-week administrative stay on the same day that the Department of Homeland Security began accepting applications for the so-called “parole program” that would grant work authorization, permanent residence and ultimately citizenship to the spouses and stepchildren of U.S. citizens who have been in the country for at least 10 years.
“The allegations are serious and require closer consideration than the Court has thus far considered,” Barker wrote. Order page 9This follows a lawsuit filed by 16 Republican-led states that argues the program will “encourage illegal immigration and cause irreparable harm to states.”
The lawsuit, filed Friday, further alleges that “the Biden-Harris Administration is dissatisfied with the system created by Congress and, for apparent political purposes, has once again attempted to create its own immigration system.”
Texas Attorney General Ken Paxton noted in the lawsuit that his state has had to pay tens of millions of dollars each year to cover the costs of illegal immigrants living in Texas, and said the ruling was “just the first step” in a potentially lengthy legal battle.
“Biden's unconstitutional plan would give more than one million illegal immigrants who have broken our laws a path to citizenship and encourage countless more illegal immigrants,” Paxton wrote on X.
“This is just the first step,” he added. “We will keep fighting for Texas, for our country, and for the rule of law.”
Missouri Attorney General Andrew Bailey celebrated the suspension, calling it a “major victory for the rule of law.”
President Biden announced the parole program in June as part of a series of sweeping executive orders on immigration.
About 500,000 spouses of U.S. citizens and about 50,000 non-citizen children were expected to benefit from the now-suspended program.
Without the parole system, noncitizen spouses would typically have to wait years outside the U.S. to become eligible for the same benefits.
“Such orders are extreme measures that should only be taken in the most urgent circumstances under the law,” Karen Tumlin, founder and director of the Justice Action Center, which supports the Biden administration's plan, said in a statement.
“This case does not meet that standard,” she added. “It is inexplicable that the State of Texas would stay the proceedings without being able to present even a shred of evidence that it would harm the state. This is heartbreaking for our clients and the thousands of couples who hope to benefit from this process and live without the fear of their families being separated.”
The Justice Action Center noted that parole applications will continue to be accepted while the administrative stay is in place.
To be eligible for the program, applicants must have continuously resided in the United States for at least 10 years, not be considered a national security threat, have no disqualifying criminal convictions, and be married as of June 17, the day before Biden announced the program.
A $580 application fee, proof that the spouse has resided in the United States, and an explanation of why humanitarian parole is needed are also required.
House Speaker Mike Johnson (R-Louisiana) and many other Republicans described Biden's plan at the time as “amnesty for hundreds of thousands of illegal immigrants.”
