A federal judge in Texas issued an administrative stay on Monday for the Biden administration’s new policy facilitating legal status for the spouses and children of U.S. citizens lacking necessary documentation.
U.S. District Judge J. Campbell Barker’s order paused the “Keeping Families Together” program, following a lawsuit by Texas and 15 other GOP-led states, claiming the policy breaches immigration laws and the Administrative Procedures Act.
Judge blocks Biden’s family immigration rule after GOP-led states challenge its legality in court
Barker’s order does not reflect any final judgment but provides an initial review of the claims. The Department of Homeland Security began accepting applications for the rule last week, which permits undocumented spouses and children to adjust their status without leaving the U.S.
The lawsuit, supported by former Trump aide Stephen Miller’s America First Legal, argues that the rule is unconstitutional and encourages illegal immigration. Texas Attorney General Ken Paxton (R) praised the decision as “just the first step” in challenging the policy.
The rule requires applicants to undergo background checks and submit biometrics, addressing concerns over security and public safety. The stay is set for two weeks, with potential for extension, and could result in a decision before the Nov. 5 presidential election or before the next president takes office.
The Biden administration had defended the rule, asserting it would provide stability to mixed-status families and enhance economic contributions by young people. The White House criticized the lawsuit as a politically motivated attack rather than a genuine effort to address immigration issues.
