Judge blocks Biden’s plan to grant legal status to immigrant spouses of U.S. citizens

A federal judge in Texas has temporarily blocked the Biden administration from granting legal status to undocumented immigrants married to U.S. citizens, following a legal challenge by 16 Republican-led states. The order from District Court Judge J. Campbell Barker halts the Keeping Families Together program, which aimed to provide temporary work permits, deportation protections, and a streamlined pathway to permanent residency for eligible immigrants.

The program, announced in June, was designed to address the precarious status of undocumented immigrants who have lived in the U.S. for years. It was intended to help them remain with their U.S. citizen spouses and stepchildren without fear of deportation, provided they meet certain criteria, including having lived in the country for at least 10 years and passing background checks. However, those with felony convictions were excluded from the program.

The ruling could have a significant impact on Haitian immigrants in the United States. Many Haitians have found themselves in legal limbo, with thousands potentially eligible for relief under the now-halted program. The decision leaves these individuals uncertain about their ability to remain in the U.S. and protect their families from separation.

Judge Barker’s ruling, although preliminary, represents a significant setback for the Biden administration’s efforts to reform immigration policy. The judge’s order is set to last for 14 days, but he indicated that it could be extended. Meanwhile, the Department of Homeland Security (DHS) is allowed to continue accepting applications for the program, though it cannot approve them.

A DHS spokesperson confirmed that the agency is complying with the court’s decision. “Keeping Families Together enables U.S. citizens and their family members to live without fear of separation, consistent with fundamental American values,” said Naree Ketudat, a DHS representative.

The legal challenge was spearheaded by Texas and other Republican-controlled states, who argue that the policy rewards illegal immigration and misuses the immigration parole authority. Former Trump White House immigration adviser Stephen Miller, whose organization America First Legal supported the lawsuit, hailed the ruling as a victory against what he called the Biden administration’s “executive fiat.”

President Biden criticized the ruling, calling it “wrong” and emphasizing the importance of keeping families together. “These families should not be needlessly separated,” Biden said in a statement on Tuesday. “My Administration will not stop fighting for them.”

For the Haitian community, the legal battle is part of a broader struggle over immigration policy in the U.S., a key issue in the upcoming 2024 presidential election. Haitian immigrants, many of whom have lived in the U.S. for decades, are among those who may be most affected by the uncertainty surrounding the program. The Biden administration has faced numerous legal challenges to its immigration policies, particularly from Republican-led states, as it attempts to navigate the complex and contentious landscape of U.S. immigration law.

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