WASHINGTON – A federal judge late Thursday rejected a White House policy that opened a path to citizenship for people in the country who did not have permanent status and were married to a U.S. citizen.
Judge J. Campbell Barker in the Eastern District of Texas ruled that the Biden administration had overstepped its authority and the program “expanded the legal interpretation of U.S. immigration law beyond its borders.” The lawsuit was filed by Texas and other Republican-led states.
The U.S. Department of Homeland Security program, called “Keeping Families Together,” would have protected at least 550,000 immigrant spouses and their children from deportation.
With less than three months before President-elect Donald Trump takes office, the new administration is unlikely to defend the program, and Trump has vowed to carry out mass deportations.
In an interview with NBC News on Thursday, Trump said there is “no price” on mass deportations and that his administration will have “no choice” but to carry them out.
“We obviously need to make the border strong and powerful and at the same time we want people to come into our country,” he told NBC. “And you know, I'm not one to say, 'No, you can't come in.' We want people to come in.”
Carrying out mass deportations would be a costly undertaking that would require congressional approval, which could be easier if Trump gave the GOP control of Congress. Republicans are slowly inching toward control of both chambers.
As the former president begins a second term in January, he has vowed to immediately begin carrying out mass deportations and end programs that have given immigrants temporary protections such as humanitarian parole.
Trump criticized the Biden policy, which he rejected on Thursday, as a “mass amnesty program.”
“Mass amnesty” is a legal term that is considered an official pardon, but the program contained certain requirements. Those considered for citizenship had to have been married to a U.S. citizen for at least a decade and undergo a rigorous vetting process by DHS.
“This is unsustainable and cannot continue!” Trump wrote about the program when it was announced in June. “On day one, we will close the border and begin deporting millions of Biden’s illegal criminals.”
Texas Judge Barker was appointed during Trump's first term. The program was put on hold back in August when Republican Texas Attorney General Ken Paxton filed a lawsuit against it.
The states that have joined the lawsuit are Alabama, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Wyoming.
Those states argued that the Biden administration exceeded its authority in creating the program and that allowing those who qualify for citizenship to remain in the country would hurt states financially.
The states were represented by America First Legal, an organization founded by Trump adviser Stephen Miller – the architect of Trump's tough immigration policies during his first term.
Ashley DeAzevedo, the president of American Families United, which represents U.S. citizens married to people without permanent status, called on the Biden administration in a statement to appeal the case.
“District Judge J. Campbell Barker not only gutted the Keeping Families Together program, he also dashed the hopes of hundreds of thousands of American families,” she said. “Families like ours deserve better than this blatant attempt to stop a legal program, and we will not stop until the courts fix this injustice.”
It is estimated that approximately 500,000 undocumented spouses and their children would have been eligible to apply for lawful permanent residency—a green card—under certain conditions. About 50,000 children who have no legal status and whose parent is married to a U.S. citizen would also have been included in this benefit.
The Justice Department did not respond to States Newsroom's request for comment.
Last updated on November 9, 2024, 7:44 am
