A judge found Biden’s immigration program for spouses of US citizens illegal

On Thursday, a federal judge killed program of the Biden administration it would allow unauthorized immigrants married to US citizens to obtain legal status and a streamlined path to US citizenship, outlawing the policy.

US District Court Judge J. Campbell Barker, an appointee of President-elect Donald Trump, admitted that the program violated US immigration law, agreeing to a lawsuit has been filed Texas and more than a dozen other Republican-led states.

The decision is a major setback for the outgoing Biden administration, which argued that the policy, known as “Keeping Families Together,” promotes family unity among mixed-status households. When it was announced earlier this year, officials said about half a million undocumented immigrants were likely eligible for the program.

The Justice Department may appeal Thursday’s decision, but the Keeping Families Together program is likely to be the focus of the incoming Trump administration, which vowed to dismantle President Biden’s immigration policy. Trump has separately vowed to close and militarize the US-Mexico border and oversee the largest mass deportation in American history.

Officials at the White House and the Department of Homeland Security did not immediately respond to requests for comment.

The Keeping Families Together initiative was announced by Mr. Biden in June, just weeks after he passed another executive order sharply limit the provision of asylum along the US-Mexico border.

The program will provide work authorization and protection from deportation to undocumented immigrants who are married to US citizens and have lived in the US for at least 10 years without committing serious crimes.

Most importantly, the policy will also allow these immigrants to apply for permanent residency, also known as a green card. After three years, green card holders married to US citizens can apply for citizenship.

Immigrants who marry US citizens are already eligible for a green card on paper. However, US immigration law requires those who entered the US illegally to leave the country and re-enter legally in order to obtain a green card. But leaving the U.S. after being in the country illegally for some time can lead to 3- or 10-year deportation, prompting many families to avoid this option.

The Biden administration’s program would allow eligible immigrants to apply for green cards without having to leave the country, giving them an immigration benefit known as parole that effectively revokes their illegal entry.

In his ruling, Campbell Barker said the Biden administration does not have the legal authority to grant parole to unauthorized immigrants already in the U.S.

Camilo Montoya-Galves

Camilo Montoya-Galves is an immigration reporter for CBS News. While in Washington, he covers immigration policy and politics.