President Joe Biden’s immigration reform efforts took another hit this week after a federal judge in Texas temporarily blocked a key program aimed at providing undocumented immigrants married to U.S. citizens a pathway to legal residency.
The decision by U.S. District Judge J. Campbell Barker marks the latest legal setback for the Biden administration as immigration remains a divisive issue heading into the presidential election.
Judge Barker, who was appointed by former President Donald Trump, issued the order on Monday, effectively pausing the program while the court considers a lawsuit brought by 16 Republican-led states.
The plaintiffs argue that the initiative, announced in June, amounts to amnesty and could encourage further illegal immigration.
On the other hand, supporters maintain that the policy is essential to keeping families together and addressing long-standing issues within the immigration system.
The program, which had just begun accepting applications last week, would have allowed undocumented spouses of U.S. citizens to remain in the country while applying for green cards—bypassing the traditional requirement to leave the U.S. during the process.
To qualify, applicants would need to meet strict criteria, including continuous residency in the U.S. for at least ten years and a clean criminal record.
Texas Attorney General Ken Paxton, a leading critic of Biden’s immigration policies, celebrated the ruling on social media, stating:
“We have temporarily BLOCKED Biden’s unlawful new ‘parole in place’ program,” and argued that it would have rewarded over one million undocumented immigrants with the opportunity for citizenship.
The Department of Homeland Security (DHS) has defended the program as a pragmatic step toward reducing family separations and streamlining the legal process for immigrants already contributing to society.
Applicants would also have been required to pay a $580 fee and submit extensive documentation.
Judge Barker’s administrative stay halts the program for at least two weeks while both sides prepare for a more detailed hearing.
The court set a briefing deadline of Oct. 10, with a potential final ruling expected before the November presidential election.
This lawsuit is part of a broader legal campaign by conservative states to block Biden’s immigration agenda. Since taking office, Biden has worked to undo many of the restrictive policies implemented under Trump, but these efforts have repeatedly faced legal challenges from Republican-led states and conservative judges.
The court’s decision has drawn sharp criticism from immigrant advocacy groups, who argue that mixed-status families will continue to suffer under outdated policies that perpetuate separation and instability.
