A Texas judge extended a pause on President Biden’s plan to offer clearer paths to green cards for undocumented spouses and stepchildren of United States citizens on Wednesday, which GOP attorneys general argue is illegal.
U.S. District Judge J. Campbell Barker’s ruling means the program, called “Keeping Families Together” is on hold until at least September 23.
The move now allows time for a briefing and a possible hearing on the lawsuit brought forward by Texas Attorney General Ken Paxton and 15 other states.
The initiative, which was due to start August 19, would allow around half a million spouses of U.S. citizens who entered the country illegally to apply for permanent residency without being forced to leave for their home country.
U.S. President Joe Biden speaks at an event marking the 12th anniversary of the Deferred Action for Childhood Arrivals (DACA) program in the East Room at the White House on June 18, 2024 in Washington, DC. Biden announced a new program that will provide protections for undocumented immigrants married to U.S. citizens, allowing them to obtain work authorization and streamline their path to citizenship.
Kevin Dietsch/Getty Images
Keeping Families Together also applies to undocumented stepchildren of U.S. citizens. Both spouses and children would need to have been continuously present in the U.S. for ten years, without any criminal record.
Those challenging the program said it gave amnesty to those who entered the country illegally and offered citizenship, which is not immediately possible when applying for a green card.
An immigration attorney told Newsweek last week that those fighting the program were not fully explaining this to their supporters, because they know it will get pushback.
“For these people who came without permission and have again no other offenses, there’s nothing else against them, there’s no other reason they can’t get residency. It’s just the fact they came and stayed,” said Matt Cameron, who has worked in immigration law for 18 years.
“We’re talking about people almost always who have kids or step kids, at least people who have small businesses, people who have strong ties to communities.”
When the initial pause was announced, President Biden said those the lawsuit was targeting were friends, neighbors and co-workers of American citizens.
“That ruling is wrong,” Biden said in a statement. “These families should not be needlessly separated.
“They should be able to stay together, and my Administration will not stop fighting for them.”
Texas, Florida, Idaho, Alabama, Arkansas, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Wyoming all argue that those in their states illegally are placing additional financial burdens on state resources.
Rico and Jessica Ocampo met at church and got married around a decade ago. To be able to become a permanent resident currently, Rico would have to return to a country he left aged 2.
Rico Ocampo
One spouse affected by the pause told Newsweek previously that he believed most residents in these states would not support what their attorneys general were doing, however.
“I also can’t help but think about all the Americans that live in all of these states, who decided to put forth this lawsuit, whose hard-earned tax dollars are literally going towards separating families,” said Rico Ocampo, who arrived in the U.S. as a 2-year-old.
The Las Vegas resident met his wife at church over a decade ago. He already had one son and the pair have had two since.
The challenge comes just months before the presidential election, and it is not clear if a resolution can be reached before Nov. 5.
A spokesperson for DHS told Newsweek that the government will comply with the judge’s decision “while we defend Keeping Families Together in court.”
They say applications still being accepted but not approved while the pause is in place.
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