Halt on President Biden’s program that offers legal status to immigrant spouses of US citizens

To qualify for the program, applicants must have continuously resided in the U.S. for at least 10 years, possess no disqualifying criminal record, not pose a security threat, and have been married to a U.S. citizen by June 17, the day before the program was announced

PRAVASISAMWAD.COM

A federal judge in Texas has temporarily halted a policy introduced by the Biden administration that aimed to provide a streamlined path to legal status for immigrant spouses of U.S. citizens. This decision, issued on August 26, presents a significant setback for one of the most substantial presidential efforts in recent years to facilitate easier access to citizenship.

U.S. District Judge J. Campbell Barker, who issued the administrative stay, was appointed by former President Donald Trump and serves in Tyler, Texas, within the jurisdiction of the 5th U.S. Circuit Court of Appeals. Judge Barker’s order came just days after a coalition of 16 states, led by Republican attorneys general, filed a lawsuit challenging the program. These states, including Texas, argued that the administration bypassed Congress to implement the policy for “blatant political purposes.” The lawsuit further claimed that states like Texas incur substantial financial burdens, including millions of dollars in expenses related to healthcare and law enforcement, due to the presence of immigrants without legal status.

• Applicants are also required to pay a $580 fee, submit an extensive application, and provide supporting documentation to establish their eligibility and length of residence

• If approved, they have three years to pursue permanent residency and can obtain work authorization during this period

President Joe Biden unveiled the policy in June, and the Department of Homeland Security (DHS) began accepting applications just one week before the court’s intervention. The judge’s order, which currently pauses the program for two weeks but may be extended, comes amid mounting political and legal scrutiny. Judge Barker indicated that the claims made in the lawsuit are “substantial” and deserve more in-depth consideration than has been possible so far. He has set a schedule for both parties to submit briefs by October 10, potentially paving the way for a resolution before the November 5 presidential election or the inauguration of a new president in January.

The halted program was designed to benefit an estimated 500,000 immigrants and their approximately 50,000 children. It offers spouses of U.S. citizens who lack legal status but meet specific criteria a chance to apply for a green card while remaining in the U.S. Traditionally, such individuals were required to return to their home countries to apply, facing potentially years-long separations from their families.

To qualify for the program, applicants must have continuously resided in the U.S. for at least 10 years, possess no disqualifying criminal record, not pose a security threat, and have been married to a U.S. citizen by June 17, the day before the program was announced. Applicants are also required to pay a $580 fee, submit an extensive application, and provide supporting documentation to establish their eligibility and length of residence. If approved, they have three years to pursue permanent residency and can obtain work authorization during this period.

The pause on the program has been met with both criticism and support. Texas Attorney General Ken Paxton, a Republican, welcomed the court’s decision, stating on social media that it was just the beginning of a broader legal battle. “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” Paxton wrote on the platform X (formerly known as Twitter). Meanwhile, the Department of Homeland Security has yet to issue a response to the court’s order.

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