A Texas judge on Monday ordered a temporary pause on a policy that would streamline the process for spouses of US citizens to obtain legal status in the country, a blow to one of US President Joe Biden’s biggest immigration reform policies.
Judge J. Campbell Barker granted a 14-day administrative stay in a case brought by the Republican attorneys general of 16 US states challenging the Biden administration’s policy.
In June, Biden announced the new policy, which streamlined a pathway to citizenship for an estimated half a million immigrants married to US nationals.
The 16 states bringing the lawsuit, however, say the policy is costing them millions of dollars in public services — including healthcare, education and law enforcement — used by the immigrants.
“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Judge Barker wrote in his order.
“This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” said Texas Attorney General Ken Paxton, whose state is party to the case, 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 November’s presidential election, which will see Vice President Kamala Harris take on Republican Donald Trump.
The Democratic Party is walking a fine line of seeking to be tougher on illegal migrants while also introducing reforms to the country’s inefficient immigration system.
Trump’s campaign for the White House has centred on portraying the United States as under assault by what he calls a migrant “invasion.”
The new rules would streamline the process for those who already qualify for permanent residence by removing a requirement that they leave the country as part of the application process.
The rules applied to those present in the country for at least 10 years and married to a US citizen before June 17, 2024, and also applied to an estimated 50,000 stepchildren of US citizens.
Those approved would be granted work authorization and the right to stay in the United States for up to three years while they apply for a green card, which is a pathway to full citizenship.
Monday’s ruling suspends the granting of this “parole in place” status, but does not halt the Department of Homeland Security from continuing to accept applications for the status.
Barker wrote that the court did not “express any ultimate conclusions about the success or likely success” of the plaintiffs’ case while the stay was in place.
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 underway.
“The court thus expects that good cause may exist to extend this administrative stay for additional periods through mid-October,” the order read.
