A notable policy of the Biden administration, aimed at providing legal status to spouses of U.S. citizens without requiring them to leave the country first ( also known as Parole-in-Place policy), has been temporarily halted. On Monday, U.S. District Judge J. Campbell Barker issued a 14-day administrative stay on the policy, marking a setback for one of the administration’s major efforts to streamline the path to citizenship.
Legal Challenge from Republican-Led States
The program’s suspension follows a lawsuit filed by sixteen states, including Texas. The states contend that the Biden administration Pushed the implementation of the policy by skipping Congress for political gain. They further state that such a program, targeting about five hundred thousand immigrants and their fifty thousand children would impose heavy costs on states, such as Texas, especially in areas such as healthcare and law enforcement.
Judge’s Decision and Timeline
Judge Barker, an appointee of former President Trump, said the claims were substantial and couldn’t be outrightly dismissed. The pause on the policy, which may be extended, comes just one week after the Department of Homeland Security (DHS) began accepting applications under this new provision. Barker has urged both sides to file their briefs by an October 10 deadline, indicating that the court could reach a decision on the matter before the presidential election or before the new president assumes office in January.
Program Details and Controversy
The policy in question offers a pathway to citizenship for spouses of U.S. citizens without legal status, allowing them to apply for a green card without leaving the U.S. The process in the past required undocumented spouses to stay outside the country for an extended period, resulting in what advocates call a “family separation.” The program, introduced by President Biden in June, has sparked considerable debate, particularly in an election year where immigration remains a hot-button issue.
Reactions from Advocates and Opponents
Immigration advocates are disheartened over the temporary halt, stating that the program would have been beneficial to thousands of families. Jessica Cisneros, an attorney with the Texas Immigration Law Council, called the decision “devastating.” In contrast, the Texas Attorney General, Ken Paxton, who opposes the policy, was quick to praise the decision of the judge, saying he will keep fighting against the program as he believes it a threat to the rule of law.
Eligibility and Application Process
In order to be eligible for the program, candidates must have resided in the United States for at least ten years, must not have any criminal history, and must have been married to a United States citizen as of June 17, the day prior to the announcement of the program. The application process includes a $580 fee and requires extensive documentation. If approved, applicants will have three years to seek permanent residency, during which they can obtain work authorization.
Prior to this program, green card procedures for individuals illegally present in the United States usually involved them returning to their home country for extended periods during which re-entry typically became difficult. The new rule aimed to simplify this process, but its future now hangs in the balance as the legal battle unfolds.
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