Published 14:39 IST, November 8th 2024

Judge Strikes Down Biden’s Program Protecting Undocumented Spouses from Deportation

The program, lauded as one of the biggest presidential actions to help immigrant families in years.

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US President Joe Biden | Image: AP
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Washington: A federal judge on Thursday struck down a Biden ministration policy that aimed to ease a path to citizenship for some undocumented immigrants who are married to U.S. citizens.

program, lauded as one of biggest presidential actions to help immigrant families in years, allowed undocumented spouses and stepchildren of U.S. citizens to apply for a green card without first having to leave country.

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temporary relief from deportation brought a brief sense of security to some 500,000 immigrants estimated to benefit from program before Texas-based U.S. District Judge J. Campbell Barker put it on hold in August, days after applicants filed ir paperwork.

Barker ruled Thursday that Biden ministration h overstepped its authority by implementing program and h stretched legal interpretation of relevant immigration law “past its breaking point.” short-lived Biden ministration initiative kwn as “Keeping Families Toger” would have been unlikely to remain in place after Donald Trump took office in January. But its early termination creates greater uncertainty for immigrant families as many are bracing for Trump's return to White House.

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Trump's election victory this week sets st for a swift crackdown on undocumented individuals after Republican ran on promises of “mass deportation.” president-elect energized his supporters on campaign trail with a litany anti-immigrant statements, including that immigrants were “poisoning blood” of nation.

During his first term, Trump appointed Barker as a judge in Tyler, Texas, which lies in 5th U.S. Circuit Court of Appeals, a favored venue for vocates pushing conservative arguments.

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Barker h placed immigration initiative on hold after Texas and 15 or states, led by ir Republican attorneys general, filed a legal challenge accusing executive branch of bypassing Congress to help immigrant families for “blatant political purposes.” Republicans argued initiative created costs for ir states and could draw more migrants to U.S.

policy would have applied to people who have been living continuously in U.S. for at least 10 years, do t pose a security threat and have utilized existing legal authority kwn as “parole in place” that offers deportation protections.

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Those married to a citizen by June 17, day before program was anunced, could pay a $580 application fee and fill out a lengthy application explaining why y deserve humanitarian parole. If approved, applicants would have three years to seek permanent residency and obtain work authorization.

It was t immediately clear Thursday wher anyone h received approval under program, which only accepted applications for about a week before federal judge placed it on hold.

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ncitizen spouses are alrey eligible for legal status but often have to apply from ir home countries. process typically includes a years-long wait outside of U.S., which can separate family members with different immigration statuses. 

(Except for heline, this story has t been edited by Republic and is published from a syndicated feed.)

14:38 IST, November 8th 2024