The Biden administration’s efforts to grant a pathway to citizenship to some illegal immigrant spouses of U.S. citizens have been put on hold temporarily by a federal judge after a lawsuit from 16 Republican-led states.
U.S. District Judge J. Campbell Barker on Monday put a stay on the "parole in place" program, which was announced in June and allows for humanitarian parole and a path to permanent residency for certain illegal immigrant spouses of U.S. citizens without them having to leave the country.
The 16 states, led by Texas and America First Legal, argued in a filing first reported by Fox News Digital that the rule violates federal law, which prohibits illegal immigrants from obtaining immigration benefits, including permanent status, without first having left the country and being readmitted.
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They argued it does that by an unlawful use of parole, which is limited to use on a "case-by-case basis for urgent humanitarian reasons or significant public benefit."
"Biden's unconstitutional scheme would have rewarded over 1 million illegal aliens with the opportunity for citizenship after breaking our country's laws—and incentivized countless more," Texas Attorney General Ken Paxton said in a statement to Fox News Digital.
"This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law. Great to work together with America First Legal, Stephen Miller and our partner states," he said.
"This is a huge victory in our courtroom battle to block the Biden-Harris executive fiat giving over 1 million illegal aliens a path to U.S. citizenship. That executive decree is now frozen. America First Legal is deeply honored to partner with Attorney General Paxton, [Idaho] Attorney General [Raul] Labrador, along with 14 other states to fight this unconstitutional mass amnesty," Stephen Miller, president of AFL, said in a statement.
The administration had estimated that about 500,000 immigrants would benefit, and about 50,000 children.
The new process would have applied to noncitizen spouses who have lived in the U.S. for 10 years as of June and are judged not to pose a threat to public safety or national security, allowing them to apply for permanent residency. It argued that families live in fear and "face deep uncertainty about their future" due to the requirement that they depart and be processed abroad.
"In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion," a fact sheet said.
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The stay will last for two weeks but can be extended. Barker is a judge appointed by former President Donald Trump.
"The claims are substantial and warrant closer consideration than the court has been able to afford to date," he said in the order.
In a statement, DHS said it would continue to defend the policy in court, and that filings for the program will still be accepted.
"Keeping Families Together enables U.S. citizens and their family members to live without fear of separation, consistent with fundamental American values," a spokesperson said. "The Department of Homeland Security will comply with the court’s decision, including continuing to accept applications, while we defend Keeping Families Together in court."
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President Biden in a statement defended the policy, and said that "[n]othing I did changed the requirements people have to meet to adjust their status under immigration law."
"I am not interested in playing politics with the border or immigration; I am interested in solving problems. Nor am I interested in tearing families apart. That is not who we are as Americans. I will continue to fight to secure our border and fix our broken immigration system."
The Associated Press contributed to this report.
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