ARKANSAS, USA — A federal judge in Texas paused a Biden administration policy that would give spouses of U.S. citizens legal status without having to first leave the country, dealing at least a temporary setback to one of the biggest presidential actions to ease a path to citizenship in years.
The administrative stay issued by U.S. District Judge J. Campbell Barker comes just days after 16 states, led by Republican attorneys general, challenged the program that could benefit an estimated 500,000 immigrants in the country, plus about 50,000 of their children. The states accused the administration of bypassing Congress for "blatant political purposes."
Arkansas was included in the lawsuit, with Attorney General Tim Griffin issuing a statement to 5NEWS:
"The Biden-Harris administration is attempting to unilaterally rewrite federal law concerning who is eligible for a green card and eventual citizenship. Congress has already spoken on this issue, and Biden must enforce the law as written."
One of the states leading the challenge is Texas, which in the lawsuit claimed the state has had to pay tens of millions of dollars annually for health care and law enforcement because of immigrants living in the state without legal status.
President Joe Biden announced the program in June. The court order, which lasts for two weeks but could be extended, comes one week after the Department of Homeland Security began accepting applications.
"The claims are substantial and warrant closer consideration than the court has been able to afford to date," Barker wrote.
Barker was appointed by former President Donald Trump in 2019 as a judge in Tyler, Texas.
The judge laid out a timetable that could produce a decision shortly before the presidential election Nov. 5 or before a newly elected president takes office in January. Barker gave both sides until Oct. 10 to file briefs in the case.
The policy offers spouses of U.S. citizens without legal status, who meet certain criteria, a path to citizenship by applying for a green card and staying in the U.S. while undergoing the process. Traditionally, the process could include a years-long wait outside of the U.S., causing what advocates equate to "family separation."
Attorney Susan Duell explained that the program would've resolved a resource issue as applicants need provisional waivers to leave the country.
"Otherwise, when they leave the country to get their visa, they would not be allowed in. They're not admissible at that point. Therein lies what what the Biden administration was trying to resolve is those waivers take three to four years to process, just because there's just not enough resources within the federal government to process all of those waivers," Duell said.
Mireya Reith, founding executive director for Arkansas United, said the lawsuit led by Republican attorneys general was anticipated.
"It was very election motivated and we did expect, for what it's worth, that we were going to get this lawsuit," Reith said Wednesday.
Reith said the program was a step forward in addressing the nation's immigration system, but this lawsuit was a step back into the slow pace of immigration policy.
"Folks who are doing otherwise everything possible to be taxpayers, to be good members of our communities, to send those kids to school, to give them American dreams, so that they're helping their families and the economy and the economy of all Arkansans," she said. "Unfortunately, they live life with a lot of fear because everything has been happening so slowly."
Several families were notified of the receipt of their applications, according to attorneys advocating for eligible families who filed a motion to intervene earlier Monday.
"Texas should not be able to decide the fate of hundreds of thousands of U.S. citizens and their immigrant spouses without confronting their reality," Karen Tumlin, the founder and director of Justice Action Center, said during the press conference before the order was issued.
The program has been particularly contentious in an election year where immigration is one of the biggest issues, with many Republicans attacking the policy and contending it is essentially a form of amnesty for people who broke the law.
Republican Texas Attorney General Ken Paxton cheered the order.
"This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law," Paxton posted on the social media platform X.
To be eligible for the program, immigrants must have lived continuously in the U.S. for at least 10 years, not pose a security threat or have a disqualifying criminal history, and have been married to a citizen by June 17 — the day before the program was announced.
They must pay a $580 fee to apply and fill out a lengthy application, including an explanation of why they deserve humanitarian parole and a long list of supporting documents proving how long they have been in the country.
If approved, applicants have three years to seek permanent residency. During that period, they can get work authorization.
Before this program, it was complicated for people who were in the U.S. illegally to get a green card after marrying an American citizen. They can be required to return to their home country — often for years — and they always face the risk they may not be allowed back in.
Both Reith and Duell said there is a way for the program to prevail. They explain it's been set by precedent, with Parole in Place programs for military members. Duell said the military process has been challenged previously and upheld.
In a statement, President Biden said: "A single district court in Texas ruled that our work to keep families together has to stop. That ruling is wrong. These families should not be needlessly separated. They should be able to stay together, and my ddministration will not stop fighting for them."
Duell said families can continue to file applications with an immigration lawyer, despite the administrative stay order. However, she said the families are risking filing fees if the program doesn't continue.
Reith asks families affected by this decision to reach out to Arkansas United through their website or Facebook. You can also call them at (479) 763-AUCC.
The Associated Press contributed to this report.
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