Federal Judge Blocks Biden’s Unauthorized Immigration Program for Mixed-Status Families

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A federal judge in Texas has struck down President Biden’s “Keeping Families Together” program, dealing a significant blow to the administration’s immigration agenda.

At a Glance

  • Federal Judge J. Campbell Barker ruled Biden’s program for unauthorized immigrant spouses exceeded executive authority
  • The program would have allowed about 500,000 undocumented immigrants to remain in the U.S. and apply for green cards
  • Texas and 15 other states successfully challenged the program, arguing it overstepped constitutional boundaries
  • The ruling reinforces that major immigration policy changes require Congressional approval

Judge Halts Biden’s Immigration Initiative

U.S. District Court Judge J. Campbell Barker has dealt a significant setback to the Biden administration’s immigration plans by striking down the “Keeping Families Together” program. This initiative, aimed at providing legal status to unauthorized immigrants married to American citizens, was declared illegal on Thursday. The program would have affected an estimated 500,000 individuals who have lived in the United States for over a decade.

The Department of Homeland Security attempted to use its “parole” authority to implement the program, bypassing existing immigration laws. However, Judge Barker ruled that this authority is limited to case-by-case situations and cannot be used to enact broad immigration policy changes. The decision emphasizes the separation of powers between the executive and legislative branches, reinforcing that significant alterations to immigration policy require Congressional approval.

State-Led Challenge and Constitutional Concerns

The legal challenge to the program was spearheaded by Texas, with support from 15 other states. These states successfully argued that the Biden administration had overstepped its constitutional boundaries in implementing the program. The ruling highlights the ongoing tension between federal immigration policies and state concerns about border security and the economic impact of unauthorized immigration.

“Joe Biden and Kamala Harris created a crisis at the southern border, leaving the American people to pay the consequences. In the wake of the federal government’s refusal to act, states like Missouri had no choice but to step in and take action to secure our southern border,” said Attorney General Bailey. “We filed suit to ensure millions of unvetted individuals are not invading our communities.”

The program was designed to promote family unity among mixed-status households, allowing eligible immigrants to apply for a green card without leaving the United States. Under current law, unauthorized immigrants must leave the country and re-enter legally to obtain a green card, which can result in a 3 or 10-year exile. The Biden administration’s initiative aimed to circumvent this requirement by granting parole status.

Implications and Future Uncertainties

Judge Barker’s decision does not affect other existing immigration programs for specific groups such as Afghan evacuees or Ukrainians. However, it does create uncertainty for the estimated half-million potential beneficiaries who would have received work permits and deportation protection under the “Keeping Families Together” program. The Justice Department may appeal the ruling, but the program’s future remains in doubt, especially considering the potential for a change in administration following the upcoming election.

“In his ruling, Campbell Barker said the Biden administration did not have the legal authority to grant parole to unauthorized immigrants who are already in the U.S.”

The ruling underscores the challenges faced by the Biden administration in implementing its immigration agenda through executive action. It also highlights the ongoing debate over the proper balance between federal and state authority in immigration matters. As the legal battle continues, mixed-status families remain in a state of uncertainty, caught between the administration’s efforts to provide relief and the judicial system’s interpretation of existing immigration laws.

Sources:

  1. Federal Judge Slaps Down Biden Administration Over Illegal, Last Minute Amnesty Program
  2. Judge declares Biden immigration program for spouses of U.S. citizens illegal
  3. Judge strikes down Biden administration program shielding immigrant spouses from deportation
  4. Judge strikes down Biden’s ‘parole’ deportation amnesty for illegal immigrant spouses

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