An effort by the Biden administration to offer a path to citizenship to some illegal immigrant spouses of U.S. citizens has been temporarily put on hold by a federal judge following a lawsuit from 16 Republican-led states.
U.S. District Judge J. Campbell Barker on Monday ordered the suspension of the “parole” program, which was announced in June and allows certain illegal immigrant spouses of U.S. citizens a path to humanitarian parole and permanent residency without having to leave the country.
Texas and 16 states, led by America First Legal, argued in the lawsuit, first reported by Fox News Digital, that the rule violates federal law that bars illegal immigrants from obtaining immigration benefits, including permanent residency, unless they leave the country and reenter.
Biden administration sued by 16 states over push for parole of illegal immigrants with U.S. spouses
They argued that they were doing so by using parole illegally, which is limited to use “on a case-by-case basis for urgent humanitarian reasons or significant public interest.”
“Biden's unconstitutional plan would provide a path to citizenship to more than one million illegal immigrants who have broken our nation's laws and encourage countless more illegal immigrants,” Texas Attorney General Ken Paxton said in a statement to Fox News Digital.
“This is just the first step. We will continue to fight for Texas, our country and the rule of law. It's great to be working with America First Legal, Stephen Miller and our partner states,” he said.
“This is a major victory in the legal battle to block the Biden-Harris Executive Order that would have given more than one million illegal immigrants a path to U.S. citizenship, which is now frozen. America First Legal is honored to work with Attorney General Paxton, (Idaho) Attorney General Raul Labrador and 14 other states to fight this unconstitutional mass amnesty,” AFL President Stephen Miller said in a statement.
The administration estimated that about 500,000 immigrants and about 50,000 children would benefit.
The new process would allow foreign spouses who had been living in the United States for 10 years as of June and who were determined to pose no threat to public safety or national security to apply for green cards. The bill argued that the requirement to leave the country and apply abroad has left families living in fear and “facing deep uncertainty about their future.”
“Furthermore, applicants must have no disqualifying criminal history, pose no threat to national security or public safety, and merit the exercise of discretion,” the fact sheet states.
Republicans warn Biden's parole plan could lead to surge in marriage fraud
The stay will be for two weeks, but may be extended. Judge Barker was appointed by former President Donald Trump.
“The allegations are serious and require much more thorough consideration than the Court has so far given them,” he said in his order.
The Department of Homeland Security did not immediately respond to a request for comment but responded to the lawsuit last week with a statement pledging to defend the policy in court.
“The Department of Homeland Security is committed to keeping families together. Keeping families together is based on established legal authority and its objective of allowing U.S. citizen families to live without fear of separation is consistent with fundamental American values. We will defend it in court. The Department of Homeland Security continues to process applications already submitted and to accept and process new applications,” the spokesperson said.
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In a separate statement, the White House accused Republican officials of being “focused on political maneuvering rather than helping American families and fixing our broken immigration system.”
“This lawsuit forces U.S. citizens and their families – people who have been living in the United States for more than 10 years – to continue living in hiding. This lawsuit seeks to separate U.S. citizens from their spouses and stepchildren who are already eligible for lawful permanent residence and who could stay with them through this process,” spokesman Angelo Fernández Hernández said. “This lawsuit runs counter to our nation's values, and we strongly defend our principles of keeping families together and our ability to make our immigration system more fair and just. We will also continue to secure our border and enforce our laws, actions that Republican lawmakers have repeatedly refused to take.”
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“Encounters between ports of entry have declined significantly since President Biden announced his firm new executive order for border security. Encounters in July 2024 were the lowest since September 2020 and lower than this point in 2019,” he added.
The Associated Press contributed to this report.
