Federal judge rules Biden's immigration initiative for spouses of US citizens illegal. Here's why

In a major blow to US President Joe Biden’s administration, a federal judge on Thursday struck down the government’s policy to allow unauthorized immigrants married to American citizens to get legal status and a streamlined path to US citizenship. US District Judge J. Campbell Barker called the policy “illegal”.

Interestingly, Barker was appointed to the office by President-elect Donald Trump during his first tenure. In the Thursday ruling, the court found that Biden’s program violated the US immigration law, CBS News reported. The matter was heard in court after Texas and other states filed a lawsuit questioning the validity of the policy.

The ruling came just days after the Democratic party saw a major defeat in the 2024  electoral race between Trump and US Vice President Kamala Harris. The Biden administration argued that the policy called Keeping Families Together promoted family unity among mixed-status households. White House stated that roughly half a million undocumented immigrants were likely eligible for the program.

What lies ahead

Now the US Department of Justice can appeal against the ruling. However, the policy will now be at the crosshairs with the incoming Trump administration. The President-elect has made it clear that he is planning to introduce the county’s largest deportation program soon after he assumes office.

The Republican firebrand has also separately promised to seal and militarize the US-Mexico border and dismantle Biden’s immigration policies. Meanwhile, representatives from the White House and the Department of Homeland Security are yet to deliver a response to the ruling.

What the policy was about 

The Keeping Families Together initiative was introduced by the POTUS in June this year. However, the policy was introduced just weeks after the POTUS took a different executive action to sharply limit asylum along the US-Mexico border.

The initiative aimed to give work permits and deportation protections to undocumented immigrants who are married to American citizens and have lived in the US for at least 10 years without committing serious crimes.

The policy would have also allowed immigrants to apply for permanent residency, also known as a green card. Three years after holding the green card, if a person is married to a US citizen, they can apply for citizenship.

It is pertinent to note that Immigrants who marry US citizens were already eligible for a green card on paper. However, the American immigration law maintained that those who entered the US illegally to leave the country and re-enter legally to be eligible for a green card. But this could trigger a 3 or 10-year exile.

The Biden administration’s initiative was aimed at avoiding this hassle. The 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 cancels out their illegal entry.

During the Thursday ruling, Campbell maintained that the Biden administration did not have the legal authority to grant parole to unauthorized immigrants who are already in the US.

With inputs from agencies.