Judge rules Biden's immigration plan for spouses of US citizens illegal

A federal judge on Thursday struck down a Biden administration program that would allow illegal immigrants married to U.S. citizens to obtain legal status and a simplified path to U.S. citizenship, declaring the policy illegal.

U.S. District Court Judge J. Campbell Barker, appointed by President-elect Donald Trump, ruled that the program violated U.S. immigration law, consistent with a lawsuit filed by Texas and more than a dozen other Republican-led states.

The move is a major defeat for the outgoing Biden administration, which claimed the policy, known as Keeping Families Together, promoted family unity in 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 can appeal Thursday's ruling, but the Keeping Families Together program will likely be in the crosshairs of the incoming Trump administration, which has pledged to dismantle President Biden's immigration policies. Trump has separately promised to seal and militarize the U.S.-Mexico border and oversee the largest mass expulsion in American history.

Representatives for the White House and 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 took another executive action to sharply limit asylum along the U.S.-Mexico border.

The program would grant work permits and protections from deportation to undocumented immigrants who are married to U.S. citizens and have lived in the United States for at least 10 years without committing serious crimes.

More importantly, the policy would also allow these immigrants to apply for permanent residency, also known as a green card. After three years, green card holders married to U.S. citizens can apply for citizenship.

Immigrants who marry U.S. citizens are already eligible for a green card on paper. U.S. immigration law, however, requires those who entered the United States illegally to leave the country and re-enter legally to be eligible for a green card. But leaving the United States after living in the country illegally for a period of time can trigger a three- or 10-year exile, prompting many families to refrain from pursuing that option.

The Biden administration's program would allow eligible immigrants to apply for a green card without having to leave the country by granting them an immigration benefit known as parole, which effectively reverses their illegal entry.

In his ruling, Campbell Barker said the Biden administration does not have the legal authority to grant parole to illegal immigrants who are already in the United States.

More from Camilo Montoya-Galvez

Camilo Montoya-Galvez is the immigration reporter at CBS News. Based in Washington, he covers politics and immigration policy.

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