Judge Blocks Biden Program Providing Pathway to Citizenship for Undocumented Immigrants Married to U.S. Citizens

A federal judge in the Eastern District of Texas on Monday temporarily blocked a Biden administration program that allowed undocumented immigrants married to U.S. citizens to apply for green cards without leaving the U.S.

The program, which the White House named Keeping Families Together, would provide a form of legal relief known as “parole in place” to undocumented spouses of American citizens who could prove they have lived in the U.S. continuously for at least 10 years and met a host of other requirements.

Typically, undocumented immigrants married to U.S. citizens need to leave the country to apply for green cards and eventually citizenship, risking yearslong or even permanent separation from their families. Parole in place would have allowed them to apply without leaving the U.S.

The White House estimated that 500,000 people were eligible for the program, and federal immigration agencies began accepting applications Aug. 19. But the Republican attorneys general of Texas and 15 other states sued Friday to stop the program, leading to the judge’s temporary block.

In filing the suit, Texas Attorney General Ken Paxton said the program “directly violates the laws created by Congress.”

U.S. District Judge J. Campbell Barker wrote in his ruling that the states’ claims “are substantial and warrant closer consideration than the court has been able to afford to date.” The block will stand for 14 days initially but could be extended.

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