Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas issued an administrative stay on the Department of Homeland Security’s (DHS) Keeping Families Together program, which began accepting applications last week. The DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could be eligible for the program, which seeks to streamline the legalization process for those who have resided in the U.S. for more than 10 years. The stay halts the enforcement of the program for 14 days, with the possibility of an extension. The court has also established an expedited schedule for resolving the case, including deadlines for motions, discovery, and summary judgment briefs. This fast-tracked timeline is intended to minimize the duration of the temporary stay and swiftly address the legal issues at hand. Barker’s ruling followed a lawsuit challenging the program brought by the attorneys general of 16 states. The plaintiffs argue in a 56-page court filing that the program is unlawful, accusing the Biden administration of effectively creating its own immigration system. The filing points out that longstanding federal law prohibits foreign nationals who entered the U.S. illegally from obtaining lawful permanent resident status without first leaving the country and “waiting outside the United States for the requisite time.” In his decision, Judge Barker wrote, “The claims are substantial and warrant closer consideration than the court has been able to afford to date,” suggesting that the Biden administration may be misapplying the law in justifying the program. Immigrant rights groups, which petitioned the court in favor of the Keeping Families Together program, denounced Barker’s ruling, calling it “extreme” and harmful. “An order like this is an extreme measure that — by law — should only be taken in the most urgent of situations,” said Karen Tumlin, Founder and Director of Justice Action Center. “This case does not meet that test. To halt a process for which Texas has not been able to provide an iota of evidence that it would harm the state is baffling. This is heart-breaking for our clients and the thousands of couples who hope to benefit from this process and be able to live without fear that their family will be separated.” Texas Attorney General Ken Paxton, who is party to the legal challenge, says the new Biden rule ignores the U.S. Constitution and directly violates laws enacted by Congress to restrict the use of parole authority. “Under Joe Biden and Kamala Harris, the federal government is actively working to turn the United States into a nation without borders and a country without laws. I will not let this happen,” Paxton said in a statement. “Biden’s new parole workaround unilaterally grants the opportunity for citizenship to unvetted aliens whose first act on American soil was to break our laws. This violates the Constitution and actively worsens the illegal immigration disaster that is hurting Texas and our country.” The court plans to hold a hearing on the plaintiffs' request for a preliminary injunction and potentially a consolidated bench trial to resolve the case.A federal judge has blocked a Biden administration initiative that seeks to provide a pathway to citizenship for illegal aliens married to U.S. citizens.
